MPs Renew Bid to Save NG-CDF after Court Declared it Unconstitutional

Members of the National Assembly have reiterated their commitment to save the National Government Constituencies Development Fund (NG-CDF).

The move come slightly over a year to the June 2026 deadline given by the High Court last year for the Fund to cease to exist.

This emerged during a working retreat of the National Assembly Select Committee on NG-CDF and the NG-CDF Board and Senior Management.

Key speakers at the meeting cited a recent Supreme Court judgement, in which the seven-judge Bench found that the NG-CDF Act of 2015 had been legally enacted.

The Supreme Court buildings in Nairobi.

The Judgement originated from a long-running suit instituted by the Senate in 2019 against 23 Laws, including the NG-CDF Act of 2015, over the National Assembly’s failure to involve the Senate in their enactment.

Committee Chairperson, the Eldama Ravine MP Musa Sirma and former Kisumu Town West MP Olago Aluoch who now chairs the NG-CDF Board, noted that the verdict would be a critical springboard in ongoing efforts to save the Fund.

Key speakers reiterated the critical role played by the Fund in grassroots development and citizen empowerment.

The Fund remains a cornerstone of grassroots development, empowering constituencies to implement projects that uplift the lives of our citizens. Our discussions today will focus on key reports that reflect the progress, challenges, and future directions of the NG-CDF,” said MP Sirma.

Eldama Ravine MP Musa Sirma
National Assembly Select Committee on NG-CDF chairperson Musa Sirma. Photo: Parliament of Kenya.

National Assembly appeals ruling declaring CDF unconstitutional

Separately, the National Assembly and the NG-CDF Board have appealed the September 20th 2024 verdict in which a three-judge bench ruled that the Fund is unconstitutional as it violates the doctrine of separation of powers between Parliament and the Executive.

Another attempt to rescue the Fund is being spearheaded by the National Assembly Justice and Legal Affairs Committee, under the technical advice of key legislators with a legal background led by Rarieda MP Hon. Otiende Amollo Senior Counsel and Delegated Legislation Chairperson Hon. Samuel Chepkonga.

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