National Assembly defends NG-CDF before Court of Appeal

The National Assembly has asked the Court of Appeal to overturn a High Court decision that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.

A legal team led by Senior Counsel Mr Otiende Amollo, who is also the Rarieda MP, argued the case before Justices Daniel Musinga, Francis Tuiyott and Aggrey Muchelule during a virtual sitting on Monday.

The bench will deliver its judgment on 6 February 2026.

The National Assembly is challenging the High Court ruling of September 24, 2024, which held that the NG-CDF Act, 2015 (as amended in 2022) is unconstitutional and ordered the Fund to cease operations by 30 June 2026.

Mr Amollo told the appellate court that the High Court failed to appreciate expert evidence showing that the Fund is properly designed, prudently managed and does not duplicate county functions.

“The Constituency is a National Government service delivery unit recognised under the National Government Coordination Act, making NG-CDF a decentralisation mechanism — not devolution,” he argued.

He said Parliament does not breach the doctrine of separation of powers by overseeing the NG-CDF Board, adding that Article 95 of the Constitution gives the National Assembly a clear oversight role.

According to the National Assembly, the Fund only finances projects that fall strictly under National Government functions, and therefore does not interfere with county mandates.

The lawmakers also relied on a recent Supreme Court decision which held that the 2015 NG-CDF Act did not require Senate involvement — contradicting the interpretation adopted by the High Court judges.

Those who followed the hearing included Justice and Legal Affairs Committee chair Mr Gitonga Murugara, Delegated Legislation Committee chair Mr Samuel Chepkonga, and MPs Peter Kaluma, Millie Odhiambo and Mwengi Mutuse.

The appeal stems from a ruling by Justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili, who declared the Act unconstitutional in its entirety.