National Assembly responds after court Declares NG-CDF unconstitutional
National Assembly led by Speaker Moses Weatangula had revealed that it will challenge the decision of a three-judge bench regarding the constitutionality of the National Government Constituency Development Fund (NG-CDF)
The National Assembly led by Speaker Moses Weatangula had revealed that it will challenge the decision of a three-judge bench regarding the constitutionality of the National Government Constituency Development Fund (NG-CDF).
In a statement released hours after the judges gave their verdict on Friday, September 20, the August House indicated that it was dissatisfied with the decision of Justices Kanyi Kimondo, Roselyn Aburili and Mugure Thande.
Consequently, it was revealed that an appeal would be filed before the Court of Appeal in the coming days.
NG-CDF is usually allocated to all the constituencies in Kenya and is used to fund various programmes such as the building of roads, and construction of schools and the issuance of scholarships among others.
“The legal team representing the National Assembly requested a copy of the Judgement and court proceedings with the intention to challenge the decision at the Court of Appeal,” read the statement in part.
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“The National Assembly will also apply for the stay of the declaration of the unconstitutionality of the NGCDF Act, pending the hearing and determination of the intended Appeal.”
The three-judge bench had declared the NG-CDF unconstitutional following a petition filed in 2016 by the Katiba Institute.
In its petition, Katiba Institute challenged the constitutionality of the funds noting that it breached the legality of the NG-CDF Act 2015 and the principles of Public Finance.
Notably, in the judgement rendered on Friday, the judges gave the current NGCDF a gross period of one year and eight months lapsing at midnight on June 26, 2026, when the Fund will cease to exist.
This was aimed at ensuring that all pending NG-CDF projects are completed.
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