The legality of the National Government Constituencies Development Fund (NG-CDF) has been the subject of litigation in courts. Indeed, there was a verdict that the fund that is entrusted with Parliament is unconstitutional.

The courts held that the kitty primarily violated the principle of separation of powers and the lack of Senate involvement when the NG-CDF Act was enacted.

The courts emphasised that Members of Parliament should not be involved in the management of funds meant for development projects, as this infringes the executive branch’s responsibilities.

Although the courts recognised the value of the NG-CDF in supporting local communities since its establishment in 2003, it set a deadline for its discontinuation. All NG-CDF activities, including funding for ongoing projects, must cease by 30 June 2026. This extended timeline was given to allow for the completion of current projects and to avoid abrupt disruption to ongoing developments in constituencies.

According to the judges, by concentrating both legislative and executive roles in MPs, the NG-CDF disrupted the balance of power and accountability.

The courts felt that MPs were performing executive functions because they are deeply involved in selecting and managing projects funded by the NG-CDF, roles that should be carried out by the executive branch of government.

The courts ruled that this amounted to MPs exercising executive power. This contradicts the idea of separation of powers, a principle found in the Constitution that is meant to ensure that the legislative, the executive and the judicial arms of the government remain distinct.

Though the decision remains disputed, the conduct of MPs on the management of CDF no longer inspires confidence. That is why we are alarmed by reports that MPs have abandoned CDF projects, which we suspect must have been initiated by their predecessors.

This is a clear wastage of public resources and primitive politics. That is what the judges sought to cure in their reasoning. Adding the word “national” to the fund was a feeble attempt to legalise the kitty. It is no secret that CDF is a devolved fund that ought to have been administered by a different entity.

Kenyans need to rethink the management of CDF.