MPs have clung to CDF despite repeatedly being declared illegal by the courts.
It remains unclear how Raila's own troops would respond to their boss's stand since some ODM MPs are at the forefront of championing for the anchoring of CDF in the constitution.
Speaking during the burial of his aide George Oduor on Saturday, Raila said MPs have no business managing NG-CDF and should instead focus on their oversight role.
"On fuel levy, MPs have no business doing roads. The role of an MP is clearly stated: Representation, legislation and oversight. MPs, how do you provide oversight when you are the ones implementing? Give that [NG-] CDF to the counties, not MPs,” the former PM said.
Raila said MPs should not block devolution of the Road Maintenance Levy Fund on the premise that governors would misappropriate it.
"Those funds should go to the counties and if governors mess up with it, we will deal with them, but don't tie the hands of governors and take the credit of constructing roads, schools and hospitals and then say the governor has not done anything”
“It is because the governor has not been given the money. Give money to the governors and devolution will work properly," Raila said.
The courts have declared CDF unconstitutional citing violation of the principle of separation of powers.
MPs should not be involved in the management of funds meant for development projects, as this infringes upon the Executive branch’s responsibilities and conflicts their oversight role. It should stop operating in June 2026, the courts said.
In a bid to save the fund, Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkong’a last year tabled the Constitution of Kenya (Amendment) Bill 2025.
The Bill seeks to entrench NG-CDF, the National Government Affirmative Action Fund and the Senate Oversight Fund into the constitution.
Otiende on Saturday asked President William Ruto and Raila not to get NG-CDF from the MPs.
“I plead with you [Ruto and Raila] please don’t take NG-CDF from us. If you look at this school, for example, it is shining courtesy of CDF. I agree MPs should have no business involving themselves in CDF, including construction, but we should ensure it is restricted to the functions of the national government,” he said.
The ODM boss warned that if the legislators will not have the fund devolved, he will make the issue an election agenda and “campaign properly” against them.
“MPs should allow governors to do their work and focus on oversight, which is their constitutional duty,” he said.
Raila further argued that the Kenya Urban Roads Authority and the Kenya Rural Roads Authority, which he said he formed as Roads minister, should be domiciled under the counties to reduce inefficiencies.
“With devolved government, there is no need for Kura and Kerra. They should be under the counties. It doesn’t make sense that somebody is sitting in Nairobi and is constructing roads in Mombasa town. Somebody sitting in Nairobi and is constructing roads in Kisumu, which cannot be touched by the governors. That’s why it’s so inefficient,” he said.
MPs have vowed to block any allocation unless governors withdraw a court case challenging the management of the Road Maintenance Levy Fund. They have also warned they won’t pass the County Governments Additional Allocations Bill, 2025, unless the dispute is resolved.
Mukurweini MP John Kaguchia, however, disagreed with Raila’s proposal, saying if NG-CDF is directed to the counties, it will only end up being a recurrent expenditure.
“That money will only see governors employing more people, which means more recurrent expenditure and less development. Initially, you could see what governors were doing with the money but now, they are on an hiring spree with every new administration,” Kaguchia told the Star.
He said devolving the fund to the counties might as well be unconstitutional as it deals with national government roles such as security and education.
“CDF is the real devolution. Its work is seen across the country. Giving this money to counties does not necessarily mean it will be used for devolution. We have also seen duplication or roads where they allocate funds to roads under the national government classification“ he said.
Constitutional lawyer Waikwa Wanyoike said Raila is right to insist that MPs have no business keeping CDF.
“Important that he called out Otiende Amollo who, ill-advisedly, is sponsoring a constitutional amendment to entrench the unconstitutional CDF in the Constitution,” Wanyoike said.
Former KICC boss Irungu Nyakera said he was pleased to see Raila speak out against the national government’s growing assault on devolution, particularly the attempt to transfer county functions.
“The national executive wants to move key devolved functions including roads, school feeding programmes, water, health and agriculture to MPs under the guise of development. This is not about improving service delivery but a calculated political move to buy loyalty from MPs and tighten control over Parliament,” Nyakera said.
He said Kenyans must reject unconstitutional manoeuvres because when devolution collapses, it’s not the governors who will suffer but the ordinary citizens, who will lose access to vital services, opportunities and the dignity.
According to Public Policy Analyst Raphael Obonyo, the Supreme Court sealed the fate of NG-CDF.
“The role of MPs is primarily legislative. This includes making laws, representing their constituents in the National Assembly and providing oversight over the Executive Branch to ensure accountability. That is why attempts by National Assembly to entrench the fund in the constitution seem to be an exercise in futility,” he said.
It was the second time in two days Raila was addressing the matter.
“The courts were clear that NG-CDF were unconstitutional, if they (MPs) don’t change it will be an election agenda in the coming elections,” Raila said during burial of former Kisumu Town MP Kenn Nyagudi in Gem, Siaya county on Friday.
