In a landmark ruling that has sent shockwaves through Kenya’s political landscape, the Court of Appeal has handed Members of Parliament a stunning reprieve by overturning a High Court decision that declared the National Government Constituencies Development Fund (NG-CDF) Act, 2015, unconstitutional.
Delivering the judgment on Friday, February 6, a three-judge bench led by Court of Appeal President Daniel Musinga, alongside Justices Francis Tuiyott and Aggrey Muchelule, set aside the September 20, 2024, High Court ruling. That earlier decision had branded the NG-CDF illegal, arguing it violated the separation of powers and devolution principles by allowing MPs to oversee and implement development projects—roles constitutionally reserved for the executive and county governments.
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