WE WELCOME THE (NGCDF) DECISION: LET PARLIAMENT FOCUS ON THE CONSTITUTIONAL MANDATES!
The High Court ruling declaring the National Government Constituency Development Fund (NG-CDF 2015) unconstitutional is a vital milestone in ensuring separation of power, support for devolution and respect for the principles public finance management in Kenya.
The Constituency Development Fund was set up in 2003 under the repealed constitution. Upon promulgation of the Constitution of Kenya 2010, the National assembly enacted the Constituency Development Fund Act of 2013 in attempts to align CDF. TISA and CEDGG contested the said act for its constitutionality in petition 71 of 2013. The high court declared the act unconstitutional on 20th February 2015. Parliament added a prefix NG to the CDF and enacted the National government constituency development fund which was assented to in December 2015 and commenced on 19th February 2016 retaining the entire infrastructure of the CDF. Parliament appealed and got a reprieve from the court of appeal on the 24th day of November 2017. From the date of the court of appeal ruling to when the Supreme Court annulled the CDF Act of 2013 on the 8th of August 2022 there were two laws running the same fund. That process resulted in the High Court ruling on Friday, 20th September 2024.
