The long-running legal battle over the National Government Constituencies Development Fund (NG-CDF) has entered a decisive phase after respondents formally filed a notice of appeal, pushing the dispute to the Supreme Court.
The move follows a significant setback in the lower courts and sets the stage for a final determination on the future of one of Kenya’s most influential grassroots development funds.
At the heart of the controversy is whether the NG-CDF violates the Constitution by blurring the separation of powers between the Legislature and the Executive, as well as undermining the devolved system of governance.
Critics argue that the fund allows Members of Parliament to play executive roles, particularly in project implementation, which they say conflicts with constitutional principles.
Supporters, however, insist the fund remains a critical engine for local development, especially in underserved communities.
Court of Appeal Ruling Sparks Fresh Legal Fight
The appeal follows a landmark ruling by the Court of Appeal, which declared the NG-CDF Act of 2015 unconstitutional. In its decision, the appellate court held that the involvement of MPs in the management of the fund creates an inherent conflict of interest and offends the doctrine of separation of powers.
In the notice of appeal, the respondents expressed dissatisfaction with the entire judgment, arguing that the court failed to fully appreciate the fund’s role in ensuring equitable distribution of national resources across Kenya’s 290 constituencies.
They maintain that without NG-CDF, many regions would struggle to finance basic development projects.
Billions at Stake for Grassroots Projects
The financial implications of the Supreme Court’s eventual ruling are immense. Billions of shillings currently set for local projects could be frozen if the fund is ultimately declared illegal.
Based on recent allocations, even a total national allocation of Sh50 billion translates to an average of about Sh172 million per constituency – money that supports classrooms, security infrastructure, and bursaries for needy students.
“The fund has been the cornerstone of development in our rural areas,” said one respondent representative during the filing of the appeal. “To abolish it without a transition plan is to punish the common mwananchi.”
A Defining Moment for Constitutional Governance
As the Supreme Court prepares to take up the matter, the country is watching closely. Beyond the immediate impact on local projects, the case is expected to set a far-reaching precedent on the constitutional limits of legislative power and the proper balance between national institutions and devolved governments.
The final verdict will not only determine the fate of NG-CDF but also shape the future of grassroots development and constitutional governance in Kenya for years to come.
Read Also: https://www.kdrtv.co.ke/news/relief-for-mps-as-court-of-appeal-overturns-high-court-ng-cdf-ruling/
