By MKT Correspondent
The judgement on National Assembly’s appeal challenging a High Court ruling that declared the National Government Constituencies Development Fund (NG-CDF) Act unconstitutional will be delivered on February 6, next year.
The case stems from a September 24, 2024, High Court decision by Justices Kanyi Kimondo, Mugure Thande, and Lady Justice Roselyne Aburili, which found that the NG-CDF Act of 2015, as amended in 2022, violated the Constitution and ordered that the fund cease operations by June 30, 2026.
The fund, established in 2003, provides financing for constituency-level development projects, including schools, health facilities and infrastructure, and has long been a key mechanism for service delivery at the local level.
The appeal, led by Senior Counsel Otiende Amollo, Rarieda MP, argued that the High Court failed to consider expert evidence showing that the NG-CDF adheres to prudent public resource management and avoids duplication of county government functions.
Amollo emphasized that the fund is a decentralization mechanism, not devolution, and that parliamentary oversight of the NG-CDF Board aligns with Article 95 of the Constitution.
The legal team also highlighted that the fund finances only projects within the exclusive functions of the National Government and cited a recent Supreme Court ruling confirming that enactment of the NG-CDF Act did not require Senate involvement, contradicting the High Court’s reasoning.
Members of the National Assembly legal caucus present during the virtual hearing included Gitonga Murugara (Tharaka), Samuel Chepkonga (Ainabkoi), Peter Kaluma (Homa Bay Town), Millie Odhiambo (Suba North), and Mwengi Mutuse (Kibwezi West).
The outcome of the appeal will determine whether the NG-CDF will continue financing constituency development projects beyond June 2026.
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