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.
The appellate court sharply criticized the blanket invalidation, ruling that while MPs cannot directly execute projects, the NG-CDF does not duplicate county functions or create an unlawful third tier of government. The judges emphasized that constituencies are recognized as national government service delivery units, aligning the fund with constitutional provisions under Article 95 for national representation and oversight.
This reversal keeps the popular constituency kitty alive and kicking, with over KSh 491 billion disbursed since 2013 now safe from immediate collapse. The fund, which allocates billions annually for schools, health facilities, water projects, and other grassroots initiatives, had faced a looming shutdown by June 30, 2026, under the High Court’s orders—a move that would have crippled MP-led development efforts ahead of the 2027 elections.
Parliament and NG-CDF proponents hailed the decision as a win for equitable resource distribution and direct service delivery to ordinary Kenyans. Critics, including devolution advocates and petitioners like Wanjiru Gikonyo and Cornelius Oduor, had long argued the fund undermines county governments and concentrates power in MPs’ hands.
The battle is far from over. Petitioners filed a notice of appeal on the same day, pushing the high-stakes dispute to the Supreme Court for what could be the final word. The apex court previously struck down aspects of the earlier CDF framework in 2022, heightening the drama around this multibillion-shilling pot.
For now, MPs breathe a sigh of relief as NG-CDF operations continue uninterrupted. Constituents across Kenya’s 290 constituencies can expect projects to roll on, while the nation watches the Supreme Court showdown that could reshape grassroots development funding forever.
The fight for control of billions continues—stay tuned as Kenya’s devolution saga unfolds.
