The push to entrench the National Government Constituency Development Fund (NG-CDF) into the Constitution has received its first major legal boost after the High Court declined to halt the ongoing legislative process. This marks a win for lawmakers advocating for the formal protection of the fund, which they argue is crucial for financing development projects at the grassroots level.
The Constitution of Kenya (Amendment) Bill, 2025, co-sponsored by Rarieda MP Otiende Amollo and Ainabkoi MP Samuel Chepkonga, seeks to embed three funds into the Constitution: the NG-CDF, the National Government Affirmative Action Fund (NGAAF), and the Senate Oversight Fund. These funds have faced legal scrutiny in the past, especially over questions of constitutionality and the principle of separation of powers between the legislature and the executive.
Justice Lawrence Mugambi declined to issue conservatory orders sought by civil society organisations, including Katiba Institute and the Kenya Human Rights Commission, who argue that embedding the NG-CDF into the Constitution undermines judicial pronouncements and constitutional safeguards. Mugambi ruled that there is no urgency to issue interim orders as the matter is already before the court, adding that the issue could be revisited during the next court session on June 5.
The National Assembly, in its defense, argued that the petition was an attempt to interfere with its constitutional mandate to legislate and initiate constitutional amendments. It maintained that public participation forums are ongoing and provide an avenue for dissenting voices to be heard, making the petition premature.
The NG-CDF was established under the NG-CDF Act, 2015 and amended in 2023. It aims to address socioeconomic disparities by financing development projects in constituencies, including schools, health centers, and water infrastructure.
As Parliament continues debate on the amendment, legal experts and civil society will be watching closely. While this court decision permits the legislative process to proceed, a final ruling on the constitutionality of the NG-CDF’s entrenchment into law is still pending, keeping the future of the fund in legal limbo.
