National Assembly Defends NG-CDF in Court of Appeal, Faults High Court Ruling

The National Assembly has defended the constitutionality of the National Government Constituencies Development Fund (NG-CDF) in an appeal heard today, challenging a 2024 High Court judgment that declared the fund unconstitutional.

Led by Senior Counsel and Rarieda MP Otiende Amollo, the National Assembly’s legal team presented its arguments before a three-judge Court of Appeal bench comprising Justices Daniel Musinga, Francis Tuiyott, and Aggrey Muchelule. The court set February 6, 2026, as the date for delivering its judgment.

During the virtual hearing, the National Assembly faulted the High Court ruling delivered on September 24, 2024, which held that the NG-CDF Act, 2015 was unconstitutional and ordered that the fund cease to operate by June 30, 2026.

In his submissions, Hon. Amollo argued that the High Court failed to consider expert evidence showing that NG-CDF is structured to ensure prudent use of public resources and does not duplicate county government functions.

“The constituency is a National Government service delivery unit recognized under the National Government Coordination Act, making NG-CDF a decentralization — not devolution — mechanism,” he stated.

Hon. Amollo further argued that parliamentary oversight of the NG-CDF Board does not violate the doctrine of separation of powers, noting that the Constitution does not envisage a rigid separation between the branches of government. He added that the fund finances only those projects that fall strictly within the functions of the national government.

The National Assembly also relied on a recent Supreme Court decision which held that the enactment of the NG-CDF (Amendment) Act, 2015 did not require Senate involvement — contradicting a key finding of the High Court judges.

Lawmakers present during the virtual appeal hearing included Justice and Legal Affairs Committee Chairperson Gitonga Murugara, Delegated Legislation Committee Chair Samuel Chepkonga, Homa Bay Town MP Peter Kaluma, Suba North MP Millie Odhiambo, and Kibwezi West MP Mwengi Mutuse, among others.

The appeal stems from a decision by Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili, who declared the NG-CDF Act of 2015 — as amended in 2022 — unconstitutional, prompting the National Assembly to seek redress at the appellate level.