Lawmakers renew battle to save NG-CDF after court declared it unconstitutional

Members of Parliament have intensified their efforts to save the National Government Constituency Development Fund (NG-CDF) after a recent court ruling declared the fund's legal framework unconstitutional.

The High Court ordered that the NG-CDF be wound down by June 2026, giving the National Assembly two years to complete ongoing projects.

The court ruling has sent shockwaves through the legislature, where MPs have been vocal in their support for the fund, citing its importance in community development.

The ruling specifically pointed to the NG-CDF Act, 2015, which it argued violated the principle of separation of powers by failing to properly consult the Senate during its enactment.

In response, MPs are now pushing for immediate solutions to prevent the closure of the fund, which has been in operation since 2003.

The court's decision was delivered by a three-judge bench comprising Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili, who ruled that the fund's activities, including all projects and programmes, would cease by June 30, 2026.

At a retreat in Naivasha on Tuesday, National Assembly Speaker Moses Wetang'ula reaffirmed his commitment to preserving the NG-CDF, highlighting its critical role in funding education, infrastructure, and community development.

"As you are aware, the NG-CDF has been instrumental in funding projects that improve education, infrastructure, and community development," Wetang'ula said.

He added that while the matter unfolds in the Court of Appeal, MPs must explore all alternatives to ensure that development in constituencies continues uninterrupted.

The Speaker also suggested that MPs consider statutory amendments or constitutional changes to safeguard the fund's future.

"To this end, there may be a need to consider other options beyond the court process and the amendments to the constitution to safeguard the fund," he said.

Wetang'ula noted that many students could be forced to drop out of school if the fund is scrapped next year.

Legal challenges

The NG-CDF has been the subject of repeated legal challenges. Both the 2013 and 2022 amendments to the Act were designed to address similar legal concerns.

However, the previous appeals to the Court of Appeal and the Supreme Court have been unsuccessful in upholding the fund's legitimacy.

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During the retreat, Wetang'ula also urged MPs to focus on their future beyond Parliament.

"As a long-serving member of Parliament, I have seen many elected leaders exit the House, some do come back, some don't. Many of our colleagues fail to appreciate that life in public office is just but for a season and end up struggling to live the life after," he said.

Majority Leader Kimani Ichung'wah stressed the need for MPs to reclaim their constitutional mandate.

He warned against misinformation about the work of Parliament and underscored the importance of departmental committees in addressing national issues.

"It is the National Assembly, not the Senate, that represents the people," Ichung'wah said, urging MPs to step up their oversight roles and ensure that critical issues affecting citizens are tackled effectively.

The Kikuyu MP revealed plans to restructure parliamentary committees to enhance their effectiveness. He noted that members who fail to attend committee meetings would be reassigned to roles where they can perform better.

"We will reconstitute committees to ensure resources are deployed where they are most needed," he said.

Meanwhile, Minority Leader Junet Mohamed called for a bipartisan approach to tackle the country's most pressing issues, stressing that cooperation across party lines is essential for national progress.