The Court of Appeal is today expected to rule on the legality of the National Government Constituencies Development Fund (NG-CDF) following a case filed by the National Assembly.
The National Assembly moved to the appellate court to challenge the September 24, 2024, High Court ruling that found the NG-CDF Act, 201,5 unconstitutional.
In its ruling, the High Court declared that the NG-CDF violates the separation of powers and devolution. The court however allowed the fund to continue operating only until June 30, 2026.
The court also found that the kitty led to duplication of activities and encroached on functions that the Constitution exclusively grants to county governments, and bore all the hallmarks of creating confusion in both levels of government.
Additionally, the court ruled that members of the National Assembly have no powers to undertake development projects and that their role exclusively remains representation, legislation, and oversight.
In its appeal, the National Assembly, however, argues that constituencies are recognised as National Government service delivery units under the National Government Coordination Act; therefore, NG-CDF does not duplicate county functions.
source citizen digital
