The National Government Constituencies Fund (NG-CDF) is legal, and does not violate the Constitution; the Court of Appeal has ruled.
In its verdict, the Court of Appeal overturned the High Court Judgement dated September 20, 2024 in which a three judge Bench had declared the NG-CDF Act of 2015 unconstitutional.
Appellate Court Judges Justices Daniel Musinga, Francis Tuiyott and Aggrey Muchelule ruled that the High Court was wrong in invalidating the entire NG-CDF Act, 2015 and therefore set it aside.
“Contrary to the finding by the High Court, the NG-CDF Act, 2015 does not violate the principles and structure of devolution, or offend the division of functions between the national and county governments,” ruled the Court of Appeal on Friday, February 6, 2026.
The Appellate Court also ruled that enactment of the NG-CDF Act of 2015 did not require the involvement of the Senate, contrary to the initial finding of the High Court.
“Contrary to the finding of the High Court, the NG-CDF Act, 2015 was not inconsistent with the principles of public finance,” Ruled the Judges.
They added: “The remedy of striking down the entire NGCDF Act, 2015 was disproportionate and inconsistent with the principle of severability.”
Which section of NG-CDF Act is unconstitutional?
The Judges, however, found section 43(9) of the NG-CDF Act, 2015 as inconsistent with the principle of separation of powers, and therefore unconstitutional, in addition to the part of the provision that provides that the term of the constituency manager shall be cojoined with the term of Parliament and during transitions occasioned by general elections or a by-elections.
This Court thus severed this section from the Act.
The Appeal emanted from a High Court Petition filed by Ms. Wanjiru Gikonyo and other Petitioners against the National Assembly.
Also initially listed as respondents to the Petition was the Senate, the NG-CDF Board and the Council of Governors.
The National Assembly legal team was led by a Caucus of Legislators including Senior Counsel Otiende Amollo.
Others in the team include Chairperson of the Justice and Legal Affairs Committee Gitonga Murugara (Tharaka), the Delegated Legislation Committee Chairperson Samuel Chepkonga (Ainabkoi), Homabay Town MP Peter Kaluma, Millie Odhiambo (Suba North) and Kibwezi West MP Mwengi Mutuse.
