NAIROBI, Kenya- Members of Parliament have ramped up efforts to secure the future of the National Government Constituencies Development Fund (NG-CDF) as they race against the June 2026 deadline set by the High Court for the fund’s cessation.
During a retreat attended by the National Assembly Select Committee on NG-CDF, the NG-CDF Board, and senior management, legislators reiterated their commitment to finding a legal framework that will ensure the fund’s continuity.
Discussions were anchored on a recent Supreme Court ruling that upheld the NG-CDF Act, 2015, affirming its legal enactment.
The verdict followed a protracted legal battle initiated by the Senate in 2019, challenging 23 laws, including the NG-CDF Act, on grounds that the National Assembly failed to involve the Senate in their passage.
Committee Chairperson Musa Sirma and NG-CDF Board Chairperson Olago Aluoch described the Supreme Court’s ruling as a critical foundation for ongoing legislative efforts.
Sirma emphasized that the fund remains a cornerstone of grassroots development, empowering constituencies to implement projects that uplift the lives of citizens.
He added that discussions were centered on reports highlighting progress, challenges, and future directions of the NG-CDF.
However, despite this ruling, the fund still faces hurdles. The National Assembly and the NG-CDF Board have appealed a September 20, 2024, ruling in which a three-judge bench declared NG-CDF unconstitutional, citing a violation of the separation of powers doctrine between Parliament and the Executive.
Alongside the legal appeal, MPs are pursuing a constitutional amendment to safeguard the fund.
The National Assembly Justice and Legal Affairs Committee has been tasked with crafting a legal framework that aligns NG-CDF with constitutional provisions.
This initiative is being led by senior legal minds, including Otiende Amollo and Samuel Chepkonga.
As part of this effort, the National Assembly issued a public notice on March 15, 2025, inviting submissions on a fresh Bill aimed at embedding NG-CDF into the Constitution.
The Constitutional (Amendment) Bill, 2025, proposes the establishment of the National Government Constituency Development Fund, the Senate Oversight Fund, and the National Government Affirmative Action Fund.
MPs at the retreat defended the fund’s impact, emphasizing its critical role in education, infrastructure, and economic empowerment at the constituency level.
