Raila's sudden opposition to NG-CDF after 20 years silence

ODM leader Raila Odinga’s recent opposition to the National Government Constituency Development Fund after his 20-year silence has elicited mixed reactions in the political arena.

Some politicians are accusing him of using the entrenchment of the NG-CDF in the Constitution as bait for his push for a referendum.

Critics say that during the Building Bridges Initiative (BBI) constitutional amendment Bill, where Raila and former President Uhuru Kenyatta were proponents, and during the National Dialogue Committee (Nadco) report, where he and President William Ruto mediated, the proposal to entrench funds was approved.

The proposal to amend the Constitution as contained in the BBI bill reads: "There is established a Constituencies Development Fund. The Fund shall be used to facilitate the performance and implementation of national government development priorities set out in the national budget within the constituencies. (3) An Act of Parliament shall provide for the management of the Fund, including public participation by residents in a constituency.”

While the BBI was declared null and void by the Supreme Court, Nadco report, which contains a raft of recommendations is alive, but despite the proposal of entrenching the funds being agreed by Raila and Ruto's supporters, the former PM has opposed it, maintaining that the monies should be sent to governors and MPs remain with their oversight duties.

Raila maintained that MPs had increasingly turned themselves into contractors, managing projects meant for governors, even as he warned that the blurring of lines between the two levels of government could roll back the devolution gains.

“MPs' role is legislating, oversight and representation, they have no business building roads, hospitals and schools,” Raila said recently.

The Nadco report recommended the entrenchment of the NG-CDF, National Government Affirmative Action Fund and the Senate Oversight Fund, among other issues that the committee, led by National Assembly Majority Leader Kimani Ichungwa and Wiper leader Kalonzo Musyoka, agreed.

Raila’s lawyer, Paul Mwangi, has also moved to court to block the entrenchment of the fund in the Constitution. In an interview with The Standard, Mr Mwangi said he had not been instructed by Raila to file the petition, maintaining that he and Raila shared values on governance and constitutionalism.

“It’s all about the separation of powers. The National Executive must develop and implement policies, while MPs' mandate is to play oversight roles on the Executive. The creation of Article 204A constitutes the constituency as a unit of governance in addition to being a unit of electoral and democratic representation and thereby re-purposes it further to be a structure of the national executive. This goes against Article I, which delegates the sovereignty of the people to the national executive and the executive structures in the county, and only to be exercised at the national level and the county level,” he noted.

Political analyst Kamau Wairuri said Raila could be using the technicality of the CDF fund to push for a referendum, saying he used the strategy during the BBI and during the Nadco talks.

“Raila understands that the fund is against the Constitution, but only reminds Kenyans when he is pushing for a referendum, remember their point of departure with the Kenya Kwanza coalition on the implementation of Nadco was whether to go the referendum way or use Parliament to change the Constitution,” he said. 

MPs are concerned that Raila risks ruining his legacy by opposing the fund, which they argue has brought immense impact. “We are wondering why Raila has taken a turnaround. He has been invited to constituencies to launch CDF-funded projects. He has also supported proposals to entrench the fund in the Constitution. We don’t understand what has changed,” Saboti MP Caleb Amisi said.

An instance where Raila graced the NG-CDF fund was on December 2 2021, during the launch of the Awendo KMTC project, which was fully funded by Awendo NG-CDF. The building comprises four laboratories, eight classrooms, 24 door flash toilets, an access ramp, a staircase, and a concrete water tower.

Rarieda MP Otiende Amolo, who sponsored the NG-CDF bill who spoke after MPs passed the bbillsayingid: “The public participation by over 230 entities and individuals indicated that over 98.5 per cent supported the bill. We are quite sure that if we took this to the referendum, we would still get the same threshold, and if anyone who therefore thinks can curtail this process knows that you are fighting the people.”

Mukurwe-ini MP John Kaguchia claimed Raila was only acting on behalf of the President, who he claimed never supported the fund but had allegedly been using it to push for his agenda.