Speaking on social media on Tuesday, December 16, 2025, Otieno said the fund, as currently designed, bypasses important safeguards meant to protect public money.
He stressed that while building infrastructure is important, it must not come at the cost of transparency or legal oversight.
Otieno explained that Kenya’s Constitution sets clear rules for how public funds should be collected, managed, and spent. These rules are not optional—they are essential to prevent misuse and corruption.
“The so-called National Infrastructure Fund is illegal because it removes constitutional protections and gives too much control to one person,” Otieno said.
He listed four safeguards that must always apply to public funds:
Parliamentary approval – money should be voted on by elected representatives.
Public participation and transparency – citizens must know how funds are raised and used.
Independent audit and accountability – the Auditor-General must review spending.
Collective executive responsibility – funds must be managed by institutions, not one individual.
Bypassing the Consolidated Fund
Currently, the fund is planned to operate outside the Consolidated Fund, which normally ensures parliamentary oversight.
Otieno explained that Kenya’s Constitution sets clear rules for how public funds should be collected, managed, and spent. These rules are not optional—they are essential to prevent misuse and corruption.
“The so-called National Infrastructure Fund is illegal because it removes constitutional protections and gives too much control to one person,” Otieno said.
He listed four safeguards that must always apply to public funds:
Parliamentary approval – money should be voted on by elected representatives.
Public participation and transparency – citizens must know how funds are raised and used.
Independent audit and accountability – the Auditor-General must review spending.
Collective executive responsibility – funds must be managed by institutions, not one individual.
Bypassing the Consolidated Fund
Currently, the fund is planned to operate outside the Consolidated Fund, which normally ensures parliamentary oversight.
Otieno warned that placing it in a private or semi-private vehicle removes these checks, making it hard for citizens to know how the money is spent.
“Instead of following established rules, this fund would allow collection, control, and spending to be decided by one office or individual,” he said.
This setup, according to Otieno, shifts public money from a system of checks and balances to personal discretion, exposing it to misuse.
Otieno urged citizens to stay informed and question how public resources are managed. He said that shortcuts in oversight may seem convenient but often lead to serious problems.
“If safeguards are ignored, it can cost the public dearly in terms of lost resources and corruption,” he added.
The debate comes amid broader discussions about how Kenya finances large infrastructure projects. Some support new funding models, arguing they can speed up development.
“Instead of following established rules, this fund would allow collection, control, and spending to be decided by one office or individual,” he said.
This setup, according to Otieno, shifts public money from a system of checks and balances to personal discretion, exposing it to misuse.
Otieno urged citizens to stay informed and question how public resources are managed. He said that shortcuts in oversight may seem convenient but often lead to serious problems.
“If safeguards are ignored, it can cost the public dearly in terms of lost resources and corruption,” he added.
The debate comes amid broader discussions about how Kenya finances large infrastructure projects. Some support new funding models, arguing they can speed up development.
Critics, however, worry that bypassing constitutional safeguards could lead to mismanagement and abuse.
The lawyer’s warning highlights the importance of following legal procedures when handling public funds. Whether building roads, bridges, or other major projects, transparency and accountability remain vital to protect taxpayers’ money.
Kenya’s citizens, he noted, have the right—and the duty—to monitor how government funds are used.
The lawyer’s warning highlights the importance of following legal procedures when handling public funds. Whether building roads, bridges, or other major projects, transparency and accountability remain vital to protect taxpayers’ money.
Kenya’s citizens, he noted, have the right—and the duty—to monitor how government funds are used.
“We must ensure that development does not compromise democracy or the rule of law,” Otieno said.
As the National Infrastructure Fund proposal continues to be discussed, legal experts, lawmakers, and the public are watching closely to see whether it can meet Kenya’s constitutional standards.
As the National Infrastructure Fund proposal continues to be discussed, legal experts, lawmakers, and the public are watching closely to see whether it can meet Kenya’s constitutional standards.
0 Comments