Court of Appeal Upholds NG-CDF: Legal Clarity Restored for Constituency Development

The Court of Appeal has overturned the High Court ruling that declared the National Government Constituencies Development Fund (NG-CDF) Act, 2015, unconstitutional, bringing relief to constituencies nationwide and restoring certainty for a critical mechanism of grassroots development.

Rarieda Member of Parliament Hon. Dr. Otiende Amollo SC, CBS, EBS, who led the legal team defending the National Assembly in the appeal, successfully argued that the High Court had erred in its constitutional interpretation and the remedies it granted. The legal team emphasized that NG-CDF operates as a national government service delivery unit, effectively a decentralization mechanism rather than a devolved function, and that its administration adheres to the principles of prudent use of public resources without duplicating county government functions.

The Court of Appeal reviewed the High Court judgment of September 24, 2024, which had declared the entire NG-CDF Act unconstitutional and ordered that the fund cease operations by June 30, 2026. In its analysis, the appellate bench found that the High Court had failed to properly weigh expert evidence and did not adequately demonstrate how the Act violated the Constitution. The judges also rejected the claim that Senate involvement was necessary in the enactment of the Act, citing recent Supreme Court guidance confirming Parliament’s legislative mandate.

Ultimately, the Court of Appeal invalidated only Section 43(9)—which tied the term of office of constituency fund managers to parliamentary terms—on separation of powers grounds, while upholding the remainder of the law. The judgment reaffirmed that the NG-CDF Act aligns with the principles of devolution, public finance management, and parliamentary oversight.

From a development perspective, the ruling ensures continuity of funding for education, security, and community infrastructure projects across constituencies. By upholding NG-CDF, the Court safeguards a mechanism that has been instrumental in expanding access to schools, bursaries, and basic services, particularly for marginalized and underserved communities.

Dr. Otiende Amollo’s leadership of the legal defence underscores the National Assembly’s active role in protecting constitutionally sanctioned tools for grassroots development, reinforcing both parliamentary oversight and the Fund’s accountability framework. The decision provides a firm legal foundation for the continued implementation of NG-CDF programmes nationwide.