There was uproar in the National Assembly yesterday after MPs took on the Judiciary, accusing the Bench of playing to the gallery in declaring the National Government Constituencies Development Fund (NGCDF) unconstitutional.

Irate lawmakers went to the extent of calling judges who delivered the ruling “busybodies” that had lost touch with reality.
“These are busybodies who do not understand what happens at the grassroots. We should not allow them to derail our development agenda,” charged Wilberforce Oundo (Funyula), a position also taken by Robert Gichimu (Gichugu).

Musa Sirma (Eldama Ravine), who chairs the NGCDF Committee, told the three judges to do the “honourable thing” and resign, arguing that their ruling was anti-people.

Minority Leader Junet Mohamed said it was an open secret that NGCDF had changed the lives of many Kenyans.

“I am shocked because the judges behaved as though they live in another country,” Junet said, urging his colleagues not to fall into the trap of those opposed to the fund.

“Every person knows [what NGCDF has done] in this country, including judges, or don’t they go home? Do they not come from villages in this country?”

Block litigation

To address the matter, committee members unanimously resolved to amend the Constitution so as to entrench the fund and block litigation in future.

Last week, the High Court declared unconstitutional the 2015 NGCDF Act.

Justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili said the fund and all its projects, programmes and activities will end on June 30, 2026.

Lawmakers tore into the judgment, saying it was half-baked and exhibited the judges’ ignorance and lack of understanding of the Act.

“I was shocked to see in the judgment of the court that one of the reasons they are saying this Act is unconstitutional is that Parliament [endorses] seven names of members of the CDF Committee. How many names do we [endorse] here? What is the problem of [endorsing] names here?” Junet noted.

He added: “The other thing that has shocked me about this judgment is that they are saying that the term of the fund manager is for five years, which is equivalent to [an MP’s tenure].

“There are fund managers who have been in office in the last 20 years. I don’t know what the judges were after.”

’Hatred for MPs’

Reacting to the matter, Speaker Moses Wetangula said he had invited lawyers who have been representing Parliament in court for a meeting this morning to update the House leadership on the way forward after the court ruling.

“Honourable members, as you may be aware, the NGCDF was once again crucified for all the wrong reasons,” he said referring to Friday’s judgment.

Besides outside lawyers, a committee of in-House lawyers led by Otiende Amolo, George Murugara, Sylvanus Osoro and John Makali and others have been giving pro bono services to lawmakers on the matter, he added.

The Speaker added that, he will hold a ‘kamukunji’ soon to allow MPs to “ventilate on the matter”. “And I want to tell the gracious lady members of county constituencies that ukiona cha mwenzako kinanyolewa, chako tia maji,” he added.

According to Junet, no Act of Parliament has been subjected to litigation more than the NGCDF Act.

“[The litigants] are not doing it for anything else other than the hatred that they have for MPs,” claimed Junet.

NGCDF was a lifeline for millions of Kenyans, especially those in rural areas, said Minority Whip Millie Odhiambo.

“I will defend the fund to the grave. It’s what has helped change the lives of millions of Kenyans and I will be failing as a leader if I do not protect it,” vowed Odhiambo.

Sirma said counties could not be trusted to disburse more public funds.

“This idea of transferring CDF money to counties is not only misplaced but an absurdity. It will not cure anything but will entrench stealing of public funds,” charged an emotional Sirma.

The fund was created in 2003. The bench said the value of its programmes to local communities in 290 constituencies could not be gainsaid.

“We are also alive to the fact that there are short, medium and long-term projects being implemented by the fund. We are now in the middle of the financial year, and funds may have been allocated for ongoing projects,” the judges said.

Despite their finding that the 2015 NGCDF Act is unconstitutional, the judges said it will not be in the interest of the nation or justice to close it abruptly.

For this reason, they said, the Act and its programmes will continue until the stroke of midnight on June 30, 2026.