NG-CDF: MPs Vow To Contest High Court’s Decision
The National Assembly has vowed to challenge the High Court’s decision that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.
In a statement issued Friday evening following the court ruling, the Assembly stated that its legal team had requested a copy of the judgment and court proceedings and that it would appeal the decision to the Appellate Court.
βIn the appeal, the National Assembly intends to challenge all the findings of the High Court with regard to the constitutionality of the NG-CDF Act 2015,β read the statement.
On Friday, the three-judge bench of Justices Kanyi Kimondo, Roselyne Aburili, and Mugure Thande issued the ruling.
They also gave MPs approximately two years to complete pending projects in their constituencies before the NG-CDF expires at midnight on June 30, 2026.
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— National Assembly KE (@NAssemblyKE) September 20, 2024
The National Assembly will appeal a decision of the High Court that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.
The legal team⦠pic.twitter.com/PE9Ig2DzjF
However, the National Assembly has stated that it will seek a “stay of the declaration of the unconstitutionality of the NGCDF Act, pending the hearing and determination of the intended Appeal.”
The decision on Friday also ruled that the Act violates the principles of devolution, despite not violating the Act’s fundamental structure.
The judges determined that the CDF kitty resulted in duplication of activities, encroached on functions that the Constitution exclusively grants to county governments, and had all the hallmarks of creating confusion at both levels of government.
It also determined that the kitty violates the doctrine of separation of powers and contradicts the principle of separation of powers.
It insists that MPs have no authority to undertake development projects and that their sole role is to represent, legislate, and oversee.
The Katiba Institute and other petitioners challenged the NG-CDF in 2016, claiming that it violated public finance principles and the doctrine of separation of powers, among other things.
NG-CDF: MPs Vow To Contest High Court’s Decision
