The High Court’s declaration as unconstitutional the National Government-Constituency Development Fund (NG-CDF) Act 2015 has received opposition from Members of Parliament.
Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili said the fund and all its projects, programmes, and activities shall cease to operate on June 30, 2026.
The fund has been in operation since 2003.
The bench said the value of its programmes to the local communities across 290 constituencies can’t be gainsaid.
Despite their finding that the 2015 Act as last amended in 2003 is unconstitutional, the judges said it will not be in the interest of the nation or justice to bring it to an abrupt closure.
For this reason, the judges said the act and its programmes shall cease to operate at the stroke of midnight on June 30, 2026.
The Judgement has seen MPs who are patrons of the Fund breath fire.
Reacting on the court’s Judgement, Njoro MP said NG-CDF has been critical in development agenda at grassroot.
The Lawmaker while contributing at the floor of the House, stated that no other fund can achieve what the NG-CDF has achieved since inception.
“My issue is to remind people that what NG-CDF is doing in this country, I doubt if there is any other fund which is doing the same,” she said.
She added that as a second term serving MP, she has been able to achieve a lot and that what she achieved in first term with the Fund is what enabled her re-election.
According to Kathambi, doing away with NG-CDF is same as derailing development agenda.
“I am contributing because myself being a second-term MP in Njoro Constituency, what I have done in my constituency for the first-term is what has brought me the second term. Therefore, I am standing here to remind my colleagues, let us unite in this journey, this is war against development,” she stated.
The Lawmaker differed with the bench of judges on the projects under the fund.
She noted that in rural constituencies, there are testimonials of the number of people who have been educated including orphans who have become doctors, pilots, lawyers because of the of NG-CDF kitty.
“As I am standing here today, Kenyans are asking, are they safe, are their children going to go to schools, are they going to expect more construction of schools when they have seen the challenge which has taken place recently in the Courts,” she said.
