The Judiciary has once again reaffirmed that the 2015 National Government Constituency Development Fund (NG-CDF) Act is unconstitutional.
In a lengthy Judgement delivered by Justices Kanyi Kimondo, Roselyne Aburili, and Mugure Thande, the Court ruled that although the Act does not violate the basic structure of the constitution, it does violate the principles of devolution.
However, elected members of the National Assembly have been granted up to the midnight of June 30, 2026 to finish pending projects across their constituencies before the NG-CDF ceases to exist at the click of the midnight of June 30, 2026.
The High Court on Friday ruled that the kitty was unconstitutional after making a determination on nine issues following a petition filed by activist Wanjiru Gikonyo after the old CDF Act was declared unconstitutional.
On whether the CDF Act violates the structure of devolution, the court ruled that the Act violates the principles of devolution.
On whether the CDF Act violates the basic structure of the Constitution, it ruled that it does not violate the basic structure.
The High Court also found that the kitty led to duplication of activities and encroached into functions that the Constitution exclusively grants to county governments, and bore all the hallmarks of creating confusion in both levels of government.
It also established that the kitty violates the doctrine of separation of powers and runs afoul of the principle of separation of powers.
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.
