Parliament pushes back on court’s CDF ruling, seeks legal reforms to preserve fund

Members of Parliament have expressed their dissatisfaction with a recent High Court ruling that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.

In the ruling, the court set a deadline for the fund's operations to cease by midnight on June 30, 2026.

In a heated debate during a sitting on Tuesday, MPs criticised the ruling and vowed to take action, proposing the creation of a new NG-CDF Act to safeguard the fund, which they argue is beneficial to Kenyans.

National Assembly Majority Leader and Kikuyu MP Kimani Ichung'wah pointed out a misconception surrounding the NG-CDF, stating it is wrongly perceived as an MPs' fund.

While highlighting the funds' impact on education and security, Ichung'wah said NG-CDF is no longer managed by MPs as it was before 2015, adding that the court’s ruling was more political than legal.

He noted that the fund has supported police station construction in regions affected by terrorism and banditry.

“When I read that judgment, I couldn't help myself but see that this was more of a political judgment than a legal judgment. The politics in that judgment speaks volumes. I am not a lawyer but interpretation of the law is just as simple as reading plain English,” he said.

“If we have to recraft another NG-CDF Act, let us do it. If we have to anchor NG-CDF as we proposed under the NADCO Bills in the constitution, it is high time we now anchor NG-CDF. Not for the sake of MPs but for the sake of people we represent, those people who have no voice if we don't speak for them.”

Suna East MP Junet Mohamed claimed that the NG-CDF Act has faced more litigation than any other law, accusing those who oppose the fund of having a personal vendetta against MPs.

He argued that the court’s decision failed to consider the fund's positive impact on Kenyans' lives, especially in rural areas.

Junet criticised the judiciary, suggesting that judges are disconnected from reality on the ground and are not held accountable in the same way as elected officials.

“The way the CDF has changed the lives of Kenyans, every person knows in this country including judges. You cannot make the lives of Kenyans miserable by just making a judgment that does not make any sense, according to me. I have been a supporter of the independence of the Judiciary but now I have come to believe that the judiciary is living in an ivory tower and they must come down from that tower,” he said.

Samburu West MP Naisula Lesuuda defended the transparency of the NG-CDF, dismissing accusations that it is a personal fund for MPs.

She proposed that the NG-CDF be entrenched in the Constitution as a standalone issue, separate from other legislative reports. Lesuuda also echoed concerns about public hatred towards MPs, warning that even if the fund is entrenched in the Constitution, the judiciary may still challenge its legality.

“If there is anybody who thinks that there is an MP who is misusing this money, we have investigative bodies which we should go and follow up on those monies and that MP. But we cannot be blanketly be condemned to be corrupt,” she said.

Mbeere North MP Geoffrey Ruku also criticised the court's decision, stressing that NG-CDF enables poor children to access education, a right that should be protected through a constitutional amendment.

“I want to rebuke the judgment which was made by the three judges. It's high time this House comes up with the amendment of the constitution so that we can entrench NG-CDF in the constitution so that children of the very poor can also be able to enjoy the education which other kids of the rich are enjoying,” Ruku said.

Migori MP Fatuma Zainabu highlighted that without the fund, many vulnerable students would be unable to attend school and suggested that the NG-CDF’s role in society should be as fundamental as a moral commandment.

“The court should be aware that this thing does not help a Member of Parliament at all. We have no business with it, our business is to give it back to the community where it belongs. It beats logic when the court says that this is unconstitutional. In fact, this should be amongst the 10 commandments of God, it should be the 11th commandment from the human being. Because this is the reason why most vulnerable students and children are in school,” she said.

Eldas MP Adan Keynan urged his colleagues to remain firm and push for a constitutional amendment to permanently secure NG-CDF’s place. He argued that only a constitutional entrenchment would protect the fund from future court rulings.