Building Kenya’s future demands a foundation of transparency, legal clarity, and unshakeable accountability. This week, the Institute of Public Finance (IPF) appeared before the National Assembly Departmental Committee on Finance and National Planning led by Hon. FCPA, Kuria Kimani CBS to formally submit a memorandum with our analysis and recommendations on the National Infrastructure Fund Bill, 2026. Our submission asks Parliament to bridge critical gaps in the proposed legislation.
While we applaud the move toward innovative financing to ease Kenya’s debt burden, our review highlights fundamental issues in the Bill that could undermine public trust if left unaddressed. Key highlights from our submission include:
- Defining “National Infrastructure”: The Bill currently lacks a precise definition of what qualifies as “national infrastructure,” creating a “grey area” that could allow for discretionary spending on projects with questionable economic value.
- Fixing Legal Inconsistencies: We identified a direct conflict with the Privatization Act. The Bill proposes using privatization proceeds for the Fund, yet existing law requires these funds to go to the Consolidated Fund.
- Preventing Institutional Overlap: We are concerned that the Fund’s proposed roles duplicate the work of existing bodies like the Kenya National Highways Authority and the Public Investment Management Unit, risking inefficiency and “diluted accountability”.
- Curbing Executive Discretion: The current draft confers extensive power upon the Cabinet Secretary. We believe infrastructure decisions—which carry long-term financial consequences for every Kenyan—must be subject to robust Parliamentary oversight.
- Personal Accountability: Given the vast resources involved, we are calling for a stronger enforcement regime with specific offenses and penalties to deter misappropriation and “abuse of office”.
Our Call to Action for Parliament
We call upon the National Assembly to treat this Bill not just as a financial tool, but as a test of our commitment to public finance management. We urge Parliament to:
- Harmonize the Bill with existing laws to ensure a cohesive legal framework.
- Strengthen Oversight by requiring Parliamentary approval for major investment plans and policy frameworks.
- Mandate Inclusivity by ensuring the Board reflects Kenya’s constitutional two-thirds gender rule and prioritizes equitable regional development.
At IPF, we remain committed to providing the evidence-based technical assistance needed to ensure that every shilling invested in Kenya’s infrastructure serves the public good.
Access the full IPF submission to Parliament in the link:
