OKOA Uchumi hails high court ruling declaring NG-CDF unconstitutional
The High Court has ruled the National Government Constituency Development Fund (NGCDF) unconstitutional, a decision hailed as a critical step towards upholding the principles of separation of powers and supporting devolution in Kenya.
Diana Gichengo, Executive Director of The Institute for Social Accountability (TISA), expressed her support for the ruling, describing it as a vital milestone for public finance management. The NGCDF, established in 2015, was intended to replace the earlier Constituency Development Fund (CDF), which was set up in 2003 under the previous constitution. However, its implementation has faced persistent legal challenges regarding its constitutionality.
The court’s decision stems from a petition filed by Wanjiru Gikonyo and others against the National Assembly, addressing whether the NGCDF violates devolution principles and the doctrine of separation of powers. The court concluded that the NGCDF not only undermines county functions but also duplicates roles in funding education, which is already covered by various government bodies.
The ruling also mandates that the NGCDF must fully wind down its operations by midnight on 30 June 2026, aligning this process with the fiscal year to prevent disruptions to ongoing projects. Gichengo emphasized the importance of ensuring that the ruling integrates into future budgeting processes, particularly in the context of zero-based budgeting proposed by the executive.
Cornelius Oduor, Deputy Executive Director of the Kenya Human Rights Commission, urged all government arms to respect the court’s decision. He highlighted the potential misuse of the CDF for education bursaries, pointing out that this function is duplicated by other agencies and does not guarantee free access to education for all children.
“This decision reaffirms the principles of accountability and transparency that we, as citizens, have long advocated for,” Oduor stated.
While recognizing the original intent behind the Constituency Development Fund to support grassroots development, stakeholders acknowledge that its implementation has often contradicted constitutional principles of equitable governance. The High Court ruling serves as a reminder that all laws must adhere to the Constitution.
Moving forward, advocates are calling on Parliament to enhance budget allocations for grassroots development and to establish effective policies that ensure access to free basic education. They stress the need for sustainable funding models that do not rely on the current system of bursaries, which can lack transparency and dignity.
As stakeholders regroup to strategize the next steps, the message is clear: the struggle for a fair and accountable governance system is far from over. Gichengo urged the public to remain vigilant and committed to building a just society.
