Nairobi: Blow To MPs As Court Declares NG-CDF Act Unconstitutional, Sets Deadline

• The High Court declared the National Government Constituency Development Fund (NG-CDF) unconstitutional, delivering a blow to MPs who rely on it for local projects
• A three-judge bench, led by Justice Kanyi Kimondo, ruled that the NG-CDF undermines devolution and leads to duplication and wastage of resources
• The court ordered that all NG-CDF projects and activities must cease by midnight on June 30, 2026.
• The case, filed by Wanjiru Gikonyo and Cornelius Opuot, argued that the fund was enacted improperly, allowing MPs excessive control over its implementation

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The High Court has declared the National Government Constituency Development Fund (NG-CDF) unconstitutional.

In a landmark ruling delivered on Friday, September 20, the High Court dealt a significant blow to MPs who have relied on the fund for local projects.

The three-judge bench found that the NG-CDF undermined the principles of devolution enshrined in the Constitution.

The three-judge bench comprising Judge Kanyi Kimondo, Lady Justice Mugure Thande and Lady Justice Roselyne Aburili pointed out that the fund led to the wastage of resources by duplicating government activities.

"For all the above reasons and conclusions, we now make the following declarations that the National Government Constituency Development Fund Act of 2015, as amended in 2022, and 2023 is hereby declared unconstitutional," Justice Kanyi Kimondo read out the ruling.

The fund was introduced in 2003 during the Mwai Kibaki presidency with the aim of devolving some funds to the grassroots.

When should government stop NG-CDF projects

The court also issued a directive for the government to end all NG-CDF projects, programs, and activities.

According to the court, all NG-CDF operations must stop by midnight on June 30, 2026.

"That the National Government Constituency Development Fund end all its projects, programs, and activities shall cease to operate at the stroke of midnight on 30th June 2026. This petition, having been filed in the public interest, shall bear its own cost. That's the judgement,"the judges concluded.

Wanjiru Gikonyo and Cornelius Opuot filed the case to have the NGCDF declared unconstitutional, claiming that the lower house ignored the upper house while enacting the new law and that the legislators designed it so that they would have control over the new fund's implementation.

Didmus Barasa admits using CDF vehicle for campaigns

In a separate story, Kimilili MP Didmus Barasa admitted that he had branded a government vehicle with United Democratic Alliance (UDA) colours and used it for campaigns.

Barasa said he was the one who bought the vehicle. Thus, there was no offence in using it for his campaigns.

This was after police officers in Kimilili launched a manhunt for him for turning the government vehicle his.