Kenya’s Court of Appeal has overturned a previous High Court decision that had declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional, handing Members of Parliament a significant reprieve. The ruling restores the legality of the fund, allowing it to continue operating as lawmakers and communities await further legal and policy direction. The judgment marks a major development in the long‑running legal battle over the role of legislators in development funding and the separation of powers between Parliament and the Executive.
The NG-CDF has for years played a central role in grassroots development, financing projects such as school infrastructure, bursaries, health facilities, and security initiatives at the constituency level. However, the fund has also faced persistent legal scrutiny. Petitioners had argued that the NG-CDF law violated the Constitution by allowing MPs to participate in the implementation of development projects — a function they claimed belongs to the Executive arm of government.
In its earlier ruling, the High Court agreed with this argument, declaring the fund unconstitutional and ordering its phased nullification. The decision created uncertainty around the future of hundreds of ongoing community projects.
Court of Appeal Decision
In overturning the High Court ruling, the Court of Appeal found that the NG-CDF framework, as structured in law, does not fundamentally breach constitutional provisions. The appellate judges held that:
- The fund serves a legitimate public purpose in promoting equitable development.
- Safeguards exist within the law to limit direct involvement of MPs in project implementation.
- Parliament acted within its legislative mandate when establishing the NG-CDF.
The court’s decision effectively reinstates the fund, allowing allocations and projects to proceed without interruption.
Relief for Members of Parliament
Communities across the country stand to benefit from the continuation of NG-CDF programmes. Key areas supported by the fund include:
- School infrastructure development
- Student bursaries
- Health facility upgrades
- Water projects
- Security installations such as police posts
The ruling ensures that ongoing projects remain funded and that new development plans can proceed.
Governance and Constitutional Debate
Despite the relief, the debate around the NG-CDF is far from settled. Governance experts and civil society groups continue to question whether legislators should have any role — direct or indirect — in development implementation. Some analysts argue that even with legal safeguards, the fund blurs the line between lawmaking and execution of public projects. Others maintain that the NG-CDF fills critical gaps left by national and county government structures, especially in marginalized areas.
What Next?
The case could still progress to the Supreme Court if petitioners choose to appeal. Such a move would set the stage for a final constitutional interpretation on the fund’s legality. In the meantime, government agencies, NG-CDF committees, and MPs are expected to continue implementing projects under the reinstated legal framework.
Conclusion
The Court of Appeal’s decision to overturn the High Court ruling has provided immediate relief to Members of Parliament and safeguarded a key source of constituency development funding. While the constitutional debate persists, the judgment ensures continuity of projects that directly impact education, health, and infrastructure at the grassroots level. As the legal and governance conversation evolves, the future of NG-CDF will likely remain a focal point in Kenya’s public finance and constitutional discourse.
