The Constitution Of Kenya (amendment) Bill, 2025

SPECIALISSUE

Kenya Gazette Supplement No.22 (National Assembly Bills No.4)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI26thFebruary,225

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Constitution of Kenya(Amendment) Bill,2025 | 59 |

THE CONSTITUTION OF KENYA(AMENDMENT) BILL,2025

A Bill for

AN ACT of Parliament to amend the Constitution of Kenya

ENACTED by the Parliament ofKenya as follows

• 1.This Act may be cited as the Constitution of Kenya (Amendment) Act,2025.
• 2.The Constitution is amended by inserting the followingnew Articles immediately after Article 204-

National Government 204A.(1) There is established the ConstituenciesFund. National Government Constituencies Fund.

• (2) The National Government Constituencies Fund is established for the purpose of ensuringtheprovisionof exclusive national government functions in each constituency.

2. (3)TheNational Government Constituencies Fund shall be a national government fund consisting of monies appropriated from the national government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218. 3. (4)All monies allocated under this Article shall be considered as funds allocated toconstituencies to be administered in accordance with the provisions of an Act of 4. Parliament.

• (5) Parliament shall enact legislation to make further provisions for the operation of

6. this Article. 7. 204B.(1) There is established the Senate Oversight Fund. 8. (2)The Senate Oversight Fund is established for the purpose of ensuring that the Senate is adequately resourced and

Senate Oversight Fund Short title.

Insertion of new Articles in the

Constitution.

empowered to performitsoversight functions.

• (3) The Senate Oversight Fund shall be a national government fund consisting of monies appropriated fromthenational government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218.

2. (4) All monies allocated under this accordance with the provisions of an Act of 3. Article shall be considered as funds allocated totheSenatetobeadministeredin Parliament.

• (5) Parliament shall enact legislation to make further provision for the operation of this Article.

National Government AffirmativeAction Fund.

• 204C.(1) There is established the National Government Affirmative Action Fund.
• (2) The National Government Affirmative Action Fund is established for the purpose ofenhancing the measures of the
• national government on affirmative action.
• (3) The National Government Affirmative Action Fund shall be a national government fund consisting of monies appropriated from the national government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218.
• (4) Parliament shall enact legislation to make further provision for the operation of
• this Article.

MEMORANDUM OF OBJECTS ANDREASONS

Statement of objects and reasons for the Bill

The principal object of this Bill is to amend the Constitution to entrench the following Funds in the Constitution-

• (a) the National Government Constituencies Fund;
• (b) the Senate Oversight Fund;and
• (c) the National GovernmentAffirmative Action Fund.

The establishment of the National Government Constituencies Fund

in the Constitution will ensure reasonable access to exclusive national government functions in all constituencies as envisaged in Article 6(3) of the Constitution and ensure the participation of the people in the identification and implementation of priority national government programmes.

The establishment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its oversight functions.

The establishment of the National Government Affirmative Action Fund shall enhance the measures of the national governmenton affirmative action.

Statement on the delegation of legislative powers and limitations

offundamental rights and freedoms

The Bill does not delegate legislative powers nor does it limit any fundamental rights andfreedoms.

Statement on whether the Bill concerns county governments

Pursuant to Article 256 of the Constitution,a Bill to amend the Houses of Parliament.

Statement on whether the Bill is a money Bill within the meaning

of Article 114 of the Constitution

The Bill contains provisions dealing with appropriation and issue of

public money.

Dated25thFebruary,2025

SAMUELCHEPKONG'A,

MemberofParliament.