Members of Parliament have won a key legal battle after the Court of Appeal overturned a High Court decision that had struck down the National Government Constituencies Development Fund (NG-CDF) Act.
The High Court ruling in September 2024 had declared the 2015 Act, with 2022 and 2023 amendments, unconstitutional. Judges argued that MPs cannot directly manage development projects, asserting that the function lies with the executive and county governments. The court said the law created duplication and overlap with county functions.
In its Friday ruling, the Court of Appeal noted that constituencies are recognised as National Government service delivery units under the National Government Coordination Act. The bench said the High Court erred in striking down the law entirely.
NG-CDF, formerly known as CDF, was established in 2003 to decentralise development funds and address regional inequalities. Under the law, at least 2.5 per cent of national revenue is allocated annually to the fund. Recent allocations show growth, with Ksh55.9 billion projected for 2025-2026. Individual constituencies may receive over Ksh221 million.
The fund has so far distributed over Ksh491 billion since 2013, financing schools, bursaries, health facilities, roads, and community projects. President William Ruto has consistently supported NG-CDF, citing its role in empowering communities.
With the appeal court’s decision, MPs can continue implementing development projects while the legal debate moves to the Supreme Court, which will deliver the final ruling.
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