National Assembly to appeal decision declaring NG-CDF unconstitutional

By Jabali Media

The National Assembly is set to appeal a decision of the High Court, that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.

The legal team representing the National Assembly requested for a copy of the judgement and court proceedings, with the intention to challenge the decision at the Court of 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.

In their Judgement, Justices Kanyi Kimondo, Roselyn Aburili and Mugure Thande also gave the current NG-CDF a gross period of one year and eight months lapsing at midnight on June 26, 2026, when the Fund will cease to exist, for the completion of all pending NG-CDF projects and programs.

The National Assembly will also apply for the stay of the declaration of the unconstitutionality of the NGCDF Act, pending the hearing and determination of the intended Appeal.

The Petition was filed in 2016 by Wanjiru Gikonyo and Cornelius Opuot among other petitioners, challenging the legality of the NG-CDF Act 2015.

They held that the Fund violates the principles of Public Finance, and alleged breach of the doctrine of separation of powers among others.

CDF, later changed to NG-CDF has been operational since 2003. The Fund has been credited for improving infrastructure in various institutions across the country, more so schools and health centres.

Through the bursary kitty, NG-CDF has also been integral in paying fees for High School and University learners from disadvantaged economic backgrounds.