High Court Declares CDF Unconstitutional, MPs Given Two Years to Complete Projects

In a landmark ruling, the High Court has declared the National Government Constituency Development Fund (NG-CDF) unconstitutional, granting members of Parliament (MPs) until June 30, 2026, to wrap up ongoing projects. This decision, delivered by a three-judge bench, stems from a petition filed by activist Wanjiru Gikonyo, who challenged the legality of the fund.

Justices Kanyi Kimondo, Roselyne Aburili, and Mugure Thande, after considering nine issues presented in the case, concluded that the NG-CDF violated key constitutional principles, particularly those related to devolution and the separation of powers.

One of the primary concerns raised by the court was the fund’s duplication of activities and its intrusion into functions reserved for county governments. “The NG-CDF creates confusion between the two levels of government,” the court stated, adding that it undermines the framework of devolution. The court further ruled that MPs have no constitutional authority to engage in development projects, as their duties are limited to representation, legislation, and oversight.

The court also highlighted that the involvement of MPs in managing development funds contradicts the principle of separation of powers, asserting that this role should be handled by the Executive and other government bodies. Petitioners argued that allowing MPs to administer the NG-CDF effectively created a “third layer of governance,” distorting the balance of power.

Despite Parliament’s legal team indicating their intention to appeal the ruling, the court’s decision marks a significant shift. The NG-CDF, which has been operational since 2003, will cease to exist after the 2026 deadline.

This ruling not only challenges the longstanding practice of MPs managing constituency development funds but also reinforces the court’s stance on maintaining a clear distinction between the roles of different government branches. MPs now face the task of concluding projects before the fund’s dissolution in less than two years.