The National Government Constituencies Development Fund (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Alignment with National Government Functions
Repeals and replaces Section 24 of the Act to declare that projects under the Act must exclusively cover works and services belonging to the national government's mandate as provided in the Constitution, preventing overlapping responsibilities with county governments.
New Public Service Commission Recruitment Regime
Under the new Section 19A, when a vacancy arises on the Board, the Public Service Commission must advertise the position in two daily newspapers of nationwide circulation, conduct interviews, and recommend three qualified persons to the Cabinet Secretary within 14 days. The National Assembly must then vet and approve or reject the nominees within 21 days of sitting.
Guaranteed Funding Allocation Floor
Amends Section 34 of the Act to introduce a safeguarding mechanism ensuring that the total annual fund allocation to any constituency does not fall below the amount allocated to that constituency in the preceding financial year.
Repeal of Constituency Oversight Committees
Formally repeals Sections 52, 53, and 53A of the Principal Act, removing the Constituency Oversight Committees. Consequentially, it amends the National Government Co-ordination Act, 2013, to legally recognize constituencies as national government service delivery units.
Bill No.
No. 13 of 2023
Gazette No.
Supplement No. 50 of 2023
Sponsors
Kimani Ichung'wah, Opiyo Wandayi
Background
The National Government Constituencies Development Fund (Amendment) Bill, 2023, proposes several key structural and functional amendments to the National Government Constituencies Development Fund Act, 2015 (No. 30 of 2015). The bill aims to align constituency project funding strictly with the exclusive jurisdiction of the national government under the Constitution of Kenya, thereby resolving operational overlaps and disputes with county administrations.
Key Amendments
- Mandate Restriction (Section 24): Restricts the scope of funded projects exclusively to national government works and services, deleting broader provisions to avoid conflict with county functions.
- Constituency Funding Protections (Section 34): Guarantees that the annual budget ceiling for each constituency is at least equal to or greater than its previous year's allocation.
- Board Member Vacancy Procedures (Section 19 & 19A): Outlines clear statutory triggers for vacancies (death, resignation, felony conviction, or unexcused absence from three consecutive meetings) and establishes a rigid 14-day recruitment turnaround for the Public Service Commission.
- Abolition of Oversight Committees: Repeals Sections 52, 53, and 53A, which previously established and facilitated Constituency Oversight Committees.
- Consequential Amendment to Act No. 1 of 2013: Amends Section 14 of the National Government Co-ordination Act, 2013, to formally integrate constituencies as primary administrative service delivery units for the national government.
New Obligations
- Public Service Commission Mandate: Obligates the Public Service Commission to run national newspaper ads, shortlist, interview, and submit exactly three qualified candidates to the Cabinet Secretary within 14 days of any Board vacancy.
- Gender Balance Requirement: Mandates that the Public Service Commission, Cabinet Secretary, and National Assembly ensure not more than two-thirds of the appointed Board members are of the same gender during the shortlisting, nomination, and approval processes.
- Constituency Committee Convening (Section 43): Requires the officer of the Board seconded to a constituency to convene the first meeting of the Constituency Committee within 120 days from the date of a general election.
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