The High Court has ruled the National Government-Constituency Development Fund (NG-CDF) Act of 2015 unconstitutional.
Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili determined that the fund and all its associated projects, programs, and activities will cease to operate on June 30, 2026. The fund has been in place since 2003, and the judges acknowledged its significant impact on local communities across 290 constituencies.
“We recognize that there are short-, medium-, and long-term projects currently underway. Given that we are in the middle of the financial year, funds may have already been allocated for these ongoing initiatives,” the bench noted.
Despite their ruling that the 2015 Act, last amended in 2003, is unconstitutional, the judges emphasized that it would not serve the nation’s interests or justice to terminate it abruptly. Consequently, they decided that the act and its programs will remain in effect until midnight on June 30, 2026.
Activist Wanjiru Gikonyo challenged the fund after the previous CDF Act was nullified by the High Court. She argued that the NG-CDF is unconstitutional for creating a third layer of governance that does not align with the Constitution.
Gikonyo asserted that the NG-CDF Act undermines the principle of separation of powers, as it involves Members of Parliament in ways that encroach upon the executive and the Public Service Commission’s authority.
The petitioners highlighted how the act violated the division of functions between national and county governments, pointing out that it includes provisions that interfere with county responsibilities. They also criticized the act for being enacted without Senate involvement.
In contrast, Members of Parliament, led by Moses Lessonet of Eldama Ravine, contended that the NG-CDF is essential nationwide and provides crucial benefits to grassroots communities. They argued that abolishing the fund would infringe on the socio-economic rights of citizens.
