National Assembly Speaker Moses Wetang’ula has convened a meeting with the House leadership today (Wednesday) to discuss the way forward following the High Court’s ruling that declared the NG-CDF unconstitutional. The meeting, set to take place in Parliament, will include the Leaders of the Majority and Minority parties, among others.
During the meeting, the leaders will explore various options, including the possibility of filing an appeal, as they seek to preserve the fund, which is highly valued by lawmakers. The three-judge bench consisting of Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili ruled that the fund and all its projects, programs, and activities must cease operations by June 30, 2026.
The bench acknowledged the significant value of the fund’s programs to local communities across 290 constituencies, stating, “We are also alive to the fact that there are short, medium and long-term projects being implemented by the fund. We are now in the middle of the financial year, and funds may have been allocated for ongoing projects.” The fund has been operational since 2003.
While the judges determined that the 2015 Act, as last amended in 2003, is unconstitutional, they expressed that it would not serve the nation or justice to shut it down abruptly.
During a debate on Tuesday, MPs criticized the ruling, asserting that it could hinder significant progress made in grassroots infrastructure development if the judgment is upheld. However, the judges argued that the fund encroaches on the mandates of national and county governments.
Eldama Ravine MP Musa Sirma described the ruling as ill-conceived, emphasizing that the accountability mechanisms of the fund and its results were evident. He warned that Kenyans would suffer if the judgment remains. “This NG-CDF is an equalizer to all other funds.
There are sections of this country that, prior to the establishment of the fund, were lagging behind, but which have now been brought closer to the rest of the country through its use. Those against this fund should go and face Kenyans at the grassroots and hear their outcry,” stated the chairperson of the Select Committee on NG-CDF.
Eldas MP Adan Keynan emphasized the urgent need to enshrine the NG-CDF in the Constitution to protect the progress the country has achieved through the fund. “Stand firm as Members of Parliament. This is not the usual complaining. We will entrench the NG-CDF in the Constitution, for the good and well-being of the country,” Keynan asserted.
Samburu West MP Naisula Lesuuda challenged investigative agencies to identify and present evidence regarding any alleged misuse of the fund to curb the ongoing external pressure aimed at dismantling it. “If there is one fund where there is accountability, it is in NG-CDF. If anybody thinks there is someone misusing the money, we have investigative agencies which can investigate,” Lesuuda stated.
Rarieda MP Otiende Amollo, who served as one of the legal counsels for the National Assembly in the NG-CDF court case, weighed in on the debate, arguing that the High Court had erred by relying heavily on a previous Supreme Court ruling concerning an NG-CDF Act that has since been amended.
“The decision rendered by the High Court is wrong regarding the role of MPs in the NG-CDF, the term and roles of the fund managers, and for the avoidance of doubt, we have already agreed we are going to appeal that decision,” Amollo noted.
Earlier, Speaker Wetang’ula announced that the House would hold a Kamukunji next week for Members to discuss the way forward.
