The Court of Appeal is today set to determine the future of the National Government Constituencies Development Fund (NG-CDF) in a case that could reshape how development projects are handled across the country.
The ruling follows an appeal by the National Assembly against a High Court decision delivered on September 24, 2024, which declared the NG-CDF Act unconstitutional.
In that ruling, the High Court found that the fund violated the Constitution by undermining the principles of separation of powers and devolution. The judges said the law blurred the roles of national and county governments, creating overlap and confusion.
However, the court allowed the fund to continue operating until June 30, 2026, to give Parliament time to align the law with the Constitution.
The High Court also ruled that Members of Parliament have no mandate to carry out development projects, saying their role is limited to representation, legislation, and oversight.
In its appeal, the National Assembly argues that constituencies are recognised as national government service delivery units under the National Government Coordination Act. Lawmakers maintain that the NG-CDF does not duplicate county government functions but instead supports development at the grassroots.
The outcome of the case is expected to have major implications for how public funds are managed and how development projects are implemented at the constituency level.
