MPs clash over proposed National Infrastructure Fund amid oversight concerns

The proposed National Infrastructure Fund Bill on Wednesday continued to attract mixed reactions on the floor of the National Assembly, with critics questioning the heavy influence of the Executive and specifically Treasury Cabinet Secretary John Mbadi in its management.

Proponents of the bill say it is the surest way for the country to unlock trillions of shillings needed to develop previously neglected areas.

The bill has divided the House between those in support of President William Ruto’s “Singapore dream” and those sceptical of it.

“The President said we cannot continue funding development through borrowing and he said we cannot continue overburdening Kenyans with borrowing…” said National Assembly Majority Leader Kimani Ichung’wah. 

Suba South MP Caroli Omondi warned: “I forewarn, if we pass it, the court will declare it unconstitutional.”

The bill proposes a board of nine directors comprising a chairperson, the Treasury CS or their representative, four independent directors, two persons experienced in senior leadership in development banking and a chief executive officer.

It provides that the independent directors and the two senior experts shall be recruited competitively through a selection panel created by the Treasury CS.

Once appointed by the CS, the same CS shall determine the remuneration of the directors and also sign and review their performance contracts.

“This board has been given sweeping powers… even if it prioritises projects… why is the CS sitting at the centre of control? That is not oversight, that is control. Consolidation precedes abuse," Mukurweini MP John Kaguchia said.

Kathiani MP Robert Mbui added, “With this fund, there’s no way of fair distribution. We are passing for the next election. Kenyans will stop us.”

In November 2025, when President Ruto sold the “Singapore dream”, he told Parliament that the time had come for innovative ways of funding projects.

MPs now say that the fund, which was sold as one to take in proceeds of the privatisation of government institutions, is still keen on borrowing.

“What has been sold to the country and members here — that this was going to be the panacea that we are not going to borrow at all to finance infrastructure projects — any discerning person would have taken it for Gospel truth," stated Funyula MP Wilberforce Oundo.

Kiharu MP Ndindi Nyoro on his part said: “We are moving the debt… I dare say the national illegal borrowing fund bill should be the correct title of this bill.”

Members of Parliament also questioned the place of oversight by the House.

“For the NG-CDF board we approve the board and committee. In this law, the Executive nominates, appoints…” Kajiado North MP Onesmus Ngogoyo noted.

Oundo added, “The National Assembly has no say in this. Marginalised parts of this country — what measures are put in place to make sure there is public input into this?”

Kitui Central MP Makali Mulu said: “Once passed, there will be minimal oversight by this House.”

Ichung’wah responded: “The Auditor General brings reports to the National Assembly; therefore, the oversight is guaranteed by the Constitution.”

The debate occasionally tilted towards the politics of regional development, showcasing the mixed understanding of the proposed law.

“In Marsabit, we need water; this is the only way we will get water," noted Marsabit Woman Representative Naomi Waqo.

Dadaab MP Farah Maalim added: “The most viable areas are arid areas. They have minerals… These are not the days of coffee and tea.”

Ngogoyo said: “It is not a must that all constituencies have commercial viability. This is another way of saying there are areas with high potential.”

Mulu noted: “The fund to undertake feasibility study to check commercial viability of projects. The word is commercial.”

Omondi said: “It’s like members are waiting for this fund to finance their 30km roads. This is not for that. Go for the budget…”

Ichung’wah added: “Far from it, this will go to roads that can pay for themselves. Those others will be funded by budgets…”

Should it become law as it is, the bill will herald a project identification, funding and implementing agency that walks away from the national budget, away from Parliament, away from the Controller of Budget and away from State departments, with only after-the-fact visibility by the Auditor General and eventually by Parliament.

“Our Ksh.4 trillion budget is overseen by Parliament and counties. Now we want to hand over Ksh.5 trillion to be oversighted by an individual. You cannot be patriotic and support," said Nyoro.

Homa Bay Woman Representative Joyce Atieno Bensuda said: “There is no clarity in this bill; some sections are ambiguous. I hope we save this bill by making the changes we need to.”

The bill will undergo amendments at the committee of the whole House stage before subsequent approval.