Blow to MPs as High Court declares constituency fund unconstitutional

The High Court on Friday ruled that the National Government Constituency Development Fund (NG-CDF) Act of 2015 is unconstitutional, dealing a blow to MPs.

The bench, comprising Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili, declared that all programmes, projects, and activities under the fund must cease by June 30, 2026.

Despite the ruling, the judges acknowledged the positive impact the NG-CDF has had on local communities across the country, noting the value of ongoing development projects funded by it.

"We are also aware of the fact that the fund is implementing short, medium, and long-term projects. We are now in the middle of the financial year, and funds may have been allocated for ongoing projects," the bench said.

While the 2015 Act, as amended in 2023, was found to violate the Constitution, the judges decided it would not be in the nation's best interest to shut down the fund abruptly.

As a result, the NG-CDF will continue to operate until midnight on June 30, 2026.

The challenge to the fund was initiated by activist Wanjiru Gikonyo, who sought a declaration from the court that the NG-CDF Act was unconstitutional.

Gikonyo argued that the fund creates a third layer of governance not recognised in the Constitution and that it violates the principles of separation of powers.

According to the petitioners, the involvement of members of Parliament in the management of the NG-CDF undermined the doctrine of separation of powers, as it interfered with the roles of the executive and the Public Service Commission.

They further claimed that the fund's provisions infringed on county government functions, violating the division of responsibilities between national and county governments.

The petitioners also pointed out that the Senate was not involved in the enactment of the NG-CDF Act, another reason they argued it was unconstitutional.

On the other hand, members of Parliament, led by Eldama Ravine MP Moses Lessonet, defended the fund, emphasising the positive impact it has had at the grassroots level.

They warned that scrapping the fund could undermine the socio-economic rights of many Kenyans.