Blow to MPs as court declares CDF unconstitutional

The High Court has declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional, dealing a blow to MPs who have been using the billions allocated to win the support of voters.

A three-judge bench declared the Act unconstitutional for violating the principle of separation of powers and over the failure of MPs to consult the Senate when the law was enacted. 

Although Justices Kanyi Kimondo, Mugure Thande and Roselyn Aburili agreed that the law was unconstitutional, the judges could not agree as to when the allocation and programmes funded through the NG-CDF should cease.

Justices Kimondo and Aburili were of the view that the allocation should cease by June 30, 2026, while Justice Thande ruled that it should end by June next year because allowing it to continue with the allocation beyond next year would be illegal.

“The National Government Constituency Development Fund (NGCDF) as amended in 2022 and 2023 is hereby declared unconstitutional. NG-CDF and all its projects, programmes and its activities shall cease to operate on the stroke of midnight on June 30, 2026,” the bench headed by Justice Kimondo ruled.