26/05/2026
Fellow Kenyans,
CONCEPT NOTE
Operationalisation of the Rehabilitation Fund Under the Narcotic Drugs and Psychotropic Substances (Control) Act
1. Background and National Context
In his 2026 New Year Address, President William Ruto declared alcohol and drug abuse a “national development and security emergency,” signalling a significant policy shift toward a whole-of-government response to substance use disorders in Kenya.
The President observed that:
More than 4.7 million Kenyans aged 15–65 are currently using at least one drug or substance of abuse;
One in every three Kenyan men within this age group is affected;
More than 1.5 million young Kenyans aged 25–35 are affected by substance dependence;
Alcohol remains the most widely used substance, with over 3.2 million current users;
Substance use initiation is occurring increasingly early, in some cases from as young as seven years old.
These findings, largely derived from studies by National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), point to an escalating national crisis with serious implications for:
Public health and mental health;
Family stability and community cohesion;
Crime and insecurity;
Youth productivity and employment;
Road safety;
Education outcomes;
And national economic growth.
Substance use disorders are increasingly linked to depression, su***de, school dropouts, domestic violence, organised crime, incarceration, and unemployment. Kenya cannot sustainably achieve its social and economic aspirations while millions of citizens, particularly young people, remain trapped in addiction.
2. The Emerging National Policy Direction
The President outlined a robust national enforcement strategy including:
Expansion of the Anti-Narcotics Unit;
Increased inter-agency coordination;
Enhanced intelligence and surveillance capacity;
Asset tracing, seizure, and forfeiture;
Border control strengthening;
Specialised judicial mechanisms;
And prosecution of public officials complicit in narcotics trafficking.
Critically, the President further directed that proceeds recovered from narcotics and illicit alcohol crimes be redirected toward:
“rehabilitation, prevention, and treatment programmes.”
This policy declaration creates a historic opportunity to operationalise the Rehabilitation Fund under Section 53 of the Narcotic Drugs and Psychotropic Substances (Control) Act as a sustainable financing mechanism for Kenya’s national addiction response.
While enforcement remains necessary against traffickers and organised criminal enterprises, sustainable success requires equal investment in:
Prevention;
Treatment;
Rehabilitation;
Recovery support;
And social reintegration.
A purely punitive approach cannot effectively address substance dependence, which is internationally recognised as a chronic, relapsing, and multifactorial health condition.
The Rehabilitation Fund therefore represents the critical missing pillar in Kenya’s anti-drug strategy.
3. Legal and Policy Foundation
A. Domestic Legal Framework
The Narcotic Drugs and Psychotropic Substances (Control) Act, No. 4 of 1994 already establishes a clear statutory basis for a rehabilitation-oriented response.
The Act provides for:
Section 52
Establishment of Rehabilitation Centres for the care, treatment, and rehabilitation of persons with substance use disorders.
Section 53
Establishment of the Rehabilitation Fund to support capital and recurrent expenditure relating to rehabilitation centres.
Section 56
Establishment of the Advisory Council for rehabilitation of narcotic addicts to advise Government on treatment, rehabilitation, and administration of rehabilitation centres.
Section 58
Authority for courts to direct convicted persons suffering from addiction to undergo rehabilitation as an alternative or complement to imprisonment.
These provisions demonstrate that Parliament intended Kenya’s drug control framework to balance law enforcement with rehabilitation and recovery interventions.
4. International Obligations
Kenya’s legal obligations under international conventions strongly support operationalisation of the Fund.
a. Single Convention on Narcotic Drugs (1961, as amended in 1972)
Encourages States to adopt policies that:
Reduce illicit drug supply;
Protect legitimate medical use;
And promote treatment and rehabilitation for persons affected by addiction.
b. 1971 UN Convention on Psychotropic Substances
Requires State Parties to promote:
Prevention;
Early identification;
Treatment;
Rehabilitation;
Aftercare;
And social reintegration.
c. 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Encourages rehabilitation and treatment as alternatives or complements to criminal punishment for persons with substance use disorders.
d. 2016 United Nations General Assembly Special Session (UNGASS) Outcome Document
Recognises drug dependence as:
“a complex, multifactorial health disorder characterised by a chronic and relapsing nature.”
The document urges countries to expand:
Evidence-based treatment;
Community rehabilitation;
Recovery support systems;
Reintegration services;
And rehabilitation within correctional facilities.
Further, Article 2(4) of the Constitution of Kenya provides that treaties and conventions ratified by Kenya form part of Kenyan law.
5. The Rehabilitation Fund
The Rehabilitation Fund, established under Section 53 of the Act, is intended to finance:
Capital expenditure for rehabilitation centres;
Recurrent operational costs;
Treatment and recovery programmes;
And broader rehabilitation initiatives.
The Fund may consist of:
Parliamentary appropriations;
Proceeds from forfeited narcotics-related assets;
Grants, donations, and gifts;
Loan funds;
Investment income;
Property vested in the Fund;
Borrowed funds;
And other lawful revenue streams.
This structure provides Kenya with a potentially sustainable financing framework capable of supporting long-term addiction prevention, treatment, rehabilitation,
and recovery systems.
6. Public Finance Management Act
Considerations
Although the Rehabilitation Fund exists in statute, it was not operational prior to enactment of the Public Finance Management Act (PFMA), 2012.
Consequently, its operationalisation must comply with:
The Public Finance Management Act, 2012;
And the Public Finance Management (National Government) Regulations, 2015.
Under Section 24(4) of the PFMA:
The Cabinet Secretary responsible for Finance must establish the Fund with approval of the National Assembly.
Further requirements under Regulation 207 include:
Formal proposal by the Cabinet Secretary responsible for Interior;
Written justification demonstrating why the Fund structure is necessary;
Certification by the National Treasury that services cannot effectively be delivered through ordinary budget appropriations;
Demonstration of sustainability beyond annual exchequer funding;
Alignment with the Medium-Term Plan and Budget Policy Statement;
Administration costs not exceeding 3% of the Fund’s approved budget;
Initial approval period not exceeding ten years unless renewed.
Section 24(5) further requires designation of a Fund Administrator responsible for ensuring proper management and utilisation of the Fund.
Additionally, operationalisation will require:
Gazettement of Fund Regulations;
National Assembly approval;
And possible amendments to the Narcotic Drugs and Psychotropic Substances (Control) Act to harmonise it with the PFMA framework.
7. Why Operationalisation is Urgent
Despite the growing addiction burden:
Rehabilitation services remain unaffordable for many Kenyans;
Public treatment infrastructure remains limited;
Recovery and aftercare systems are weak;
And many individuals continue cycling between addiction, criminalisation, incarceration, relapse, and social exclusion.
The absence of a functioning Rehabilitation Fund has created major gaps in:
Sustainable rehabilitation financing;
County-level addiction services;
Public rehabilitation facilities;
Workforce training;
Research and surveillance;
And recovery reintegration systems.
Without dedicated financing, Kenya’s addiction response remains fragmented and heavily dependent on private rehabilitation centres and donor support.
8. Proposed Strategic Areas of Investment
The Rehabilitation Fund should support:
Prevention and Early Intervention
School-based prevention programmes;
Public awareness campaigns;
Parenting support;
Community outreach initiatives.
Treatment and Rehabilitation
Subsidised rehabilitation services;
Public detoxification centres;
Community outpatient programmes;
Medication-assisted treatment where appropriate.
Recovery and Reintegration
Recovery housing;
Skills development;
Employment reintegration;
Peer recovery support systems;
Family support services.
Criminal Justice Diversion
Court-mandated rehabilitation programmes;
Alternatives to incarceration for non-violent users;
Rehabilitation services within correctional facilities.
Research and Capacity Building
National prevalence studies;
Wastewater surveillance;
Training and certification of addiction professionals;
Development of national treatment standards.
9. Proposed Immediate Administrative Actions
To operationalise the Fund, the following actions are recommended:
The Cabinet Secretary for Interior and National Administration to formally submit a proposal for establishment of the Fund to the National Treasury in compliance with the PFMA framework;
The Cabinet Secretary responsible for Finance to certify and seek approval of the Fund through the National Assembly pursuant to Section 24(4) of the PFMA;
Development and gazettement of Rehabilitation Fund Regulations;
Appointment of the Board and Fund Administrator as required under the Act and PFMA;
Establishment of transparent governance, accountability, and reporting mechanisms;
Development of a national multi-sectoral implementation framework involving:
NACADA;
Ministry of Health;
National Treasury;
Judiciary;
County Governments;
Civil society organisations;
Recovery communities;
And development partners.
10. Conclusion
Kenya stands at a defining moment in its response to alcohol and drug abuse.
The President has already acknowledged addiction as a national development and security emergency. However, enforcement alone cannot solve a crisis deeply rooted in mental health challenges, trauma, poverty, social vulnerability, and public health needs.
The operationalisation of the Rehabilitation Fund offers Kenya an opportunity to establish a balanced, evidence-based, humane, and sustainable national response that:
Protects families;
Restores dignity;
Strengthens communities;
Enhances national productivity;
And safeguards the country’s future.
The legal framework already exists.
The policy direction has been declared.
The national need is undeniable.
The time to operationalise the Rehabilitation Fund is now.
Boniface Ndirangu
is an advocate for community recovery ecosystem
