The National Assembly has challenged a High Court ruling that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional, asking the Court of Appeal to restore the fund and uphold its role in supporting constituency projects.
Lawmakers argued that NG-CDF is a legal mechanism for delivering national government services directly to communities.
Appearing via video link before Justices Daniel Musinga, Francis Tuiyott, and Aggrey Muchelule on Monday, the Assembly’s legal team, led by Senior Counsel and Rarieda MP Otiende Amollo, pressed the court to overturn the 2024 judgment. The Court is expected to deliver its ruling on February 6, 2026.
In their submissions, the lawmakers said the High Court erred in interpreting the NG-CDF Act and failed to take into account expert evidence demonstrating the fund’s role in promoting efficient public resource use. They emphasized that the fund is designed to complement, not duplicate, county government functions.
Otiende Amollo told the bench, “The High Court misunderstood the structure and purpose of NG-CDF, stressing that it operates squarely within the framework of national government service delivery.” He added, “The Constituency is a National Government Service Delivery Unit recognized under the National Government Coordination Act, making NG-CDF a decentralization—not devolution—mechanism.”
Addressing claims that the fund breaches the separation of powers, he said parliamentary oversight of the NG-CDF Board is part of Parliament’s constitutional role. He noted that the Kenyan Constitution “does not impose a rigid separation of powers,” a perspective he argued was ignored by the previous court.
The legal team also pointed out that NG-CDF finances only projects that fall under national government responsibilities, and highlighted a Supreme Court ruling confirming that the NG-CDF Act, 2015, did not require Senate involvement, contradicting the High Court’s conclusions.
Several MPs joined the session, including Justice and Legal Affairs Committee Chairperson Gitonga Murugara, Delegated Legislation Committee Chairperson Samuel Chepkonga, Homabay Town MP Peter Kaluma, Suba North MP Millie Odhiambo, and Kibwezi West MP Mwengi Mutuse.
The case originates from a September 20, 2024 judgment by Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili, which declared the NG-CDF Act of 2015, as amended in 2022, unconstitutional.
The Court of Appeal’s decision will shape the future of constituency-level development and affect how public service projects are delivered across the country.
