Kenya: Court of Appeal to Rule On Ng-CDF Legality in February 2026 As National Assembly Defends Fund

2 December 2025
Capital FM (Nairobi)
By Irene Mwangi

Nairobi — The Court of Appeal will deliver its judgment on the legality of the National Government Constituencies Development Fund (NG-CDF) on February 6, 2026, after the National Assembly argued its appeal against a High Court decision that declared the fund unconstitutional.

A legal team led by Senior Counsel Otiende Amollo, who also serves as the Rarieda MP, presented the National Assembly's case before a three-judge bench comprising Justices Daniel Musinga, Francis Tuiyott, and Aggrey Muchelule.

During the virtual hearing, the National Assembly challenged the September 24, 2024 High Court ruling that found the NG-CDF Act, 2015 unconstitutional and ordered the kitty to be wound up by June 30, 2026.

In his submissions, MP Amollo argued that the High Court failed to properly consider expert evidence showing that NG-CDF is managed prudently and does not duplicate county functions.

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He maintained that constituencies are recognised as National Government service delivery units under the National Government Coordination Act, making NG-CDF a mechanism of decentralisation rather than devolution.

"The Constituency is a National Government Service Delivery Unit Recognized under the National Government Coordination Act, making NG-CDF a decentralization not devolution mechanism," argued Amollo.

He further dismissed claims of violation of the doctrine of separation of powers, saying Parliament's oversight of the NG-CDF Board aligns with its constitutional mandate under Article 95 and that Kenya's governance framework does not require a rigid separation of powers.

The National Assembly's legal team also relied on a recent Supreme Court decision which held that the enactment of the NG-CDF Act, 2015 did not require Senate involvement contrary to findings by the High Court bench.

"The learned judges failed to deduce that the Fund only finances identified and prioritised projects in respect of the works and services falling within the exclusive function of the National Government as provided for in the Constitution," argued the National Assembly legal team.

Several legislators attended the virtual session, including Justice and Legal Affairs Committee Chair Gitonga Murugara (Tharaka), Delegated Legislation Committee Chair Samuel Chepkonga (Ainabkoi), Peter Kaluma (Homa Bay Town), Millie Odhiambo (Suba North) and Mwengi Mutuse (Kibwezi West).

The appeal stems from the judgment delivered by Justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili, which declared the NG-CDF Act, 2015 (as amended in 2022) unconstitutional.

Read the original article on Capital FM.

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