The recent High Court ruling declaring the National Government Constituencies Development Fund (NG-CDF) unconstitutional has sent shockwaves through the Kenyan political landscape.
Scheduled for further discussions today by National Assembly Speaker Moses Wetang’ula and House leadership, the stakes couldn’t be higher for lawmakers, many of whom view the NG-CDF as an essential lifeline for grassroots development.
Since its establishment in 2003, the NG-CDF has played a vital role in financing community projects across the country’s 290 constituencies.
From school construction to health facilities and infrastructure improvements, the fund has been a cornerstone of local development efforts, especially in underprivileged areas.
The court’s decision to cease all operations of the fund by June 30, 2026, as stipulated by the three-judge bench, poses a direct threat to these ongoing projects, which serve as a safety net for communities that have historically lagged behind.
The ruling has prompted fierce backlash from various MPs, who argue that its implementation could undermine significant strides made in grassroots infrastructure development.
Eldama Ravine MP Musa Sirma lamented that the ruling is “ill-conceived,” emphasizing that the fund is a crucial equalizer for marginalized communities.
Sirma’s assertion highlights a critical reality: the NG-CDF has not only been a financial resource but also a symbol of equity in a nation grappling with socio-economic disparities.
Yet, the judges rightly pointed out that the NG-CDF infringes upon the mandates of national and county governments, raising important questions about governance and accountability.
While the fund has undoubtedly benefited many, concerns regarding its oversight mechanisms must be addressed.
Samburu West MP Naisula Lesuuda’s call for accountability from investigative agencies regarding alleged misuse of the fund is a timely reminder that transparency is essential for public trust.
If there are genuine concerns about financial impropriety, it is the responsibility of our institutions to investigate thoroughly.
As discussions unfold, MPs like Eldas MP Adan Keynan are advocating for the entrenchment of the NG-CDF in the Constitution to protect its future.
This proactive approach is essential, yet it must be pursued alongside a commitment to reforming the accountability structures surrounding the fund.
The appeal to amend the Constitution to safeguard the NG-CDF could serve as a catalyst for a broader conversation about how we can institutionalize community development funding while ensuring that it operates within a transparent and accountable framework.
Rarieda MP Otiende Amollo, a legal counsel for the National Assembly during the NG-CDF court case, raises valid concerns about the High Court’s reliance on outdated Supreme Court judgments.
This indicates a need for lawmakers to engage deeply with the legal intricacies of such legislation, ensuring that the NG-CDF remains relevant in a changing legal landscape.
As Speaker Wetang’ula prepares for further discussions in Parliament, it is crucial that the House seizes this opportunity not just to defend the NG-CDF but to rethink how public funds are allocated and managed.
The future of this vital fund rests not only on appealing the court’s decision but also on the willingness of our leaders to innovate, reform, and commit to a development agenda that truly serves all Kenyans.
In the coming weeks, as the House holds a Kamukunji to deliberate on the way forward, it is imperative that the dialogue focuses not solely on salvaging the fund but on reimagining how we can ensure equitable development for every Kenyan, regardless of their background.
The road ahead may be challenging, but with collective action and a commitment to accountability, we can pave the way for a more just and prosperous future for all.
