Appellate Court Rules On NG-CDF’s Constitutionalism
Members of Parliament have scored a significant victory as the Court of Appeal rejected a High Court decision that invalidated the whole National Government Constituencies Development Fund (NGCDF) Act, 2015.
In its decision on Friday, February 6, the Court of Appeal stated that the lower court erred in invalidating the statute entirely.
On September 20, 2024, a three-judge court declared that the NG-CDF Act 2015, as amended in 2022 and 2023, violates the constitutional separation of powers, stating that MPs cannot control development projects directly.
“That the National Government Constituencies Development Fund Act of 2015, as amended in 2022 and 2023, is hereby declared unconstitutional,” the judges ruled.
The Court of Appeal has overturned a High Court decision that declared the NG-CDF law unconstitutional, ruling that the Act does not breach the principles and structure of devolution or the separation of powers. pic.twitter.com/jbZADSSdhL
— City Mirror (@citymirrorKE) February 6, 2026
According to the courts, the executive and county governments are responsible for this function.
According to the High Court judges, the fund duplicates county tasks and causes an overlap that the law does not permit.
The court also found that Members of the National Assembly are not required to carry out development initiatives, highlighting that their responsibilities are solely restricted to representation, lawmaking, and monitoring.
The National Assembly argued in the Court of Appeal that constituencies are recognized as National Government service delivery units under the National Government Coordination Act, hence, NG-CDF does not duplicate county functions.
As a result, the judges ruled that the fund, as well as all of its programmes, projects, and activities, must cease operations at midnight on June 30, 2026.
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This would correspond with the end of the fiscal year. President William Ruto is a strong supporter of the NG-CDF.
In November 2025, he reaffirmed his firm backing for the kitty, which remains a critical pillar in delivering development and empowering communities at the grassroots.
He argues that for decades, the fund has made it possible for thousands of students to access education through bursaries and scholarships.
It also finances the construction of classrooms, roads, health facilities, and innovation programmes.
Appellate Court Rules On NG-CDF’s Constitutionalism
