A three-judge bench ruled that the Constitution of Kenya does not give the National Assembly the powers to implement functions at the constituency level.
The High Court of Kenya has declared the National Government Constituency Development Fund (NGCDF) unconstitutional, in what hands Members of Parliament (MPs) in Kenya a significant blow of epic proportions.
On Friday, September 20, a three-judge bench ruled that the Constitution of Kenya does not give the National Assembly the powers to implement functions at the constituency level.
The three-judge bench comprising Judge Kanyi Kimondo, Justice Mugure Thande and Lady Justice Roselyne Aburili also found that the NGCDF Act created multiple activities or wastage of scarce resources.
However, two of the judges voted to give the fund more time to allow the completion of pending projects. As a result and in line with the final ruling, the NGCDF will cease functioning on June 30, 2026, at midnight.
Justice Mugure Thande who dissented on the decision to extend NGCDF’s lifespan argued that extending the fund beyond the financial year would allow the continuation of a matter that has been declared illegal.
On the question of whether the NGCDF Act of 2015 violates the structure of devolution, the judges emphasized the importance of devolution in Kenya and took issue with duplication of functions.
The case was filed by the Institute for Social Accountability and the Centre for Enhancing Democracy and Good Governance.
More to follow…
