Politicians Defend CDF as Parliament Moves to Appeal Ruling.
Kenyan leaders are standing firm in defense of the National Government Constituency Development Fund (NG-CDF), despite a recent court ruling declaring it unconstitutional. Parliament, meanwhile, is preparing to appeal the decision.
A panel of three judges, comprising Justices Kanyi Kimondo, Roselyn Aburili, and Mugure Thande, declared the NG-CDF unconstitutional.
Their ruling also allowed for a grace period of one year and eight months, meaning the fund will cease to exist by June 26, 2026. During this period, all ongoing NG-CDF projects are to be completed.
The legal team representing the National Assembly announced plans to challenge the ruling in the Court of Appeal.
They are aiming to overturn the decision, which threatens to dismantle the multi-billion-shilling fund.
The team has already requested the judgment and court proceedings to move forward with their appeal.
The Role of NG-CDF
The NG-CDF includes a bursary program to assist needy students in secondary schools, colleges, and universities. Uriri MP Mark Nyamita commented that the court’s decision fails to account for amendments to the NG-CDF Act that removed MPs from direct control over the fund.
He explained that MPs now merely help identify priority projects based on community needs. Nyamita emphasized that the fund would be safeguarded in the constitution within two years and asserted that it is here to stay.
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Homa Bay Governor Gladys Wanga echoed Nyamita’s sentiments, warning that the nullification would be a significant blow to millions of Kenyans. Wanga, a former MP, argued that the fund has been essential in delivering development to even the most marginalized areas.
She cautioned that without NG-CDF, development funds would revert to the national government, where distribution would be discretionary.
Defense of NG-CDF by MPs
Several MPs have come forward in defense of NG-CDF. Malava MP Malulu Injendi described it as a transformative initiative, particularly in improving schools.
He criticized efforts to scrap the fund, labeling them as misguided and predicting that millions of Kenyans would regret such a move.
Injendi reminded the public of the poor state of schools before the introduction of NG-CDF, warning that its removal would have serious consequences.
Legal Appeal and Background
As part of the appeal, the National Assembly plans to challenge all aspects of the High Court’s findings on the NG-CDF Act, 2015. Additionally, they will seek to delay the declaration of unconstitutionality until the appeal is heard and determined.
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The original petition, filed in 2016 by Wanjiru Gikonyo, Cornelius Opuot, and other petitioners, questioned the legality of the NG-CDF Act, arguing that it violates public finance principles and breaches the separation of powers.
Politicians Defend CDF as Parliament Moves to Appeal Ruling.
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