National Assembly Debates High Court Ruling Declaring NG-CDF Act Unconstitutional

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Senior Counsel Hon Otiende Amollo MP Rarieda

Members of the National Assembly have expressed strong opposition to the recent High Court ruling declaring the National Government Constituencies Development Fund (NG-CDF) Act of 2015 unconstitutional. During a session moderated by Speaker Rt. Hon. Moses Wetang’ula, lawmakers discussed the implications of the ruling, which gives the NG-CDF an operational deadline of June 30, 2026.

Speaker Wetang’ula invited the Leaders of the Majority and Minority Parties to a meeting to discuss the way forward following the verdict. Many MPs expressed concerns that the ruling could reverse the progress made in grassroots development, particularly in infrastructure.

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Chairperson of the Select Committee on NG-CDF, Hon. Musa Sirma (Eldama Ravine), criticized the ruling, highlighting the transparency and effectiveness of the fund. He emphasized that NG-CDF has been a crucial equalizer in development, particularly in regions that were previously lagging behind.

“This NG-CDF is an equalizer… Those against this Fund should go and face Kenyans at the grassroots and hear their outcry,” Hon. Sirma stated.

Eldas MP Hon. Adan Keynan urged Parliament to take immediate steps to enshrine NG-CDF in the Constitution, stating that the fund has played a key role in Kenya’s progress.

Samburu West MP, Hon. Naisula Lesuuda, challenged investigative agencies to provide evidence of any misuse of the fund, refuting claims of corruption. She defended the fund’s accountability measures, stating that external pressure to abolish it is unwarranted.

Rarieda MP Hon. Otiende Amollo, who served as legal counsel for the National Assembly in the NG-CDF case, argued that the High Court ruling was flawed, as it relied on an outdated Supreme Court judgment based on a previous version of the Act.

“We are going to appeal that decision,” Hon. Amollo confirmed, stressing that the ruling misinterprets the roles of MPs and fund managers.

Several MPs also called for swift approval of the National Dialogue Committee (NADCO) report, which recommends constitutional entrenchment of the NG-CDF. Speaker Wetang’ula announced that the House would convene a Kamukunji next week to deliberate further on the issue.

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