The High Court has declared as unconstitutional the National Government- Constituency Development Fund (NG-CDF) Act 2015.
A three-judge bench of Justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili said the fund and all its projects, programs and activities will stop operating on June 30 2026.
This is after Activist Wanjiru Gikonyo challenged the fund, which was formed after the old CDF Act was quashed by the High Court.
Gikonyo wanted the court to declare NG-CDF unconstitutional on the grounds that it creates a third layer of governance that is not in the Constitution.
While delivering the judgement, the judges said the value of its programs to the local communities across 290 constituencies can’t be gained.
The fund has been in operation since 2003.
The court further said they were alive to the fact that there are short, medium and long-term projects being implemented by the fund.
“In finding that the 2015 act as last amended in 2023 is unconstitutional, it will not be in the interest of the nation or justice to bring it to an abrupt closure”, the judges said.
For this reason, the judges said the act and its programs shall cease to operate at the stroke of midnight on June 30 2026.
In his application, Gikonyo argued that the NGCDF Act is unconstitutional as it violates the principles of separation of powers.
Separation of powers
According to the petitioners, the involvement of the Members of the National Assembly in the NG-CDF was harmful to the doctrine of separation of powers as it affected the powers of the executive as well as those of the Public Service Commission.
“The violation of division of functions between the national and county governments, noting that the NG-CDF Act had provisions which encroached on county governments’ functions”, Gikonyo said.
They said the NG-CDF Act was enacted without the involvement of the Senate.
However, Members of Parliament led by Eldama Ravine’s Moses Lessonet had argued that the National Government Constituency Development Fund (NGCDF) is nationwide and benefits a lot of people, especially those at the grassroots level.
They further argued that should the kitty be scrapped, the socio-economic rights of wananchi would be violated.
