High Court Declares NGCDF Unconstitutional, Sets 2026 Deadline for Shutdown

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“Given that we are mid-financial year and certain funds have already been allocated, it would not be in the interest of justice or the nation to shut down the fund abruptly,” the court observed.

In a significant ruling, the High Court has declared the National Government-Constituency Development Fund (NG-CDF) Act 2015 unconstitutional, setting a deadline for its cessation.

A three-judge bench comprising Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili ruled that the fund and all associated projects, programs, and activities must cease operations by June 30, 2026.

The judges acknowledged the positive impact the fund has had on local communities across the country’s 290 constituencies. “We recognize the value that the NG-CDF programs have brought to grassroots development,” stated the bench, noting that many short, medium, and long-term projects are currently in progress.

Despite declaring the NG-CDF Act unconstitutional, the judges opted for a gradual phase-out rather than an immediate halt. “Given that we are mid-financial year and certain funds have already been allocated, it would not be in the interest of justice or the nation to shut down the fund abruptly,” the court observed. The ruling grants the NG-CDF a grace period until midnight, June 30, 2026, to wind down its operations.

The ruling came in response to a petition filed by activist Wanjiru Gikonyo, who challenged the constitutionality of the NG-CDF. Gikonyo argued that the fund creates a “third layer of governance,” which is not recognized by the Constitution. “The involvement of Members of Parliament in the management of the fund violates the principle of separation of powers and encroaches on the roles of the executive and Public Service Commission,” Gikonyo stated. He further contended that the NG-CDF Act undermines the division of functions between national and county governments and was enacted without Senate involvement.

However, Members of Parliament defended the fund, emphasizing its benefits to the grassroots. Eldama Ravine MP Moses Lessonet, a vocal supporter of the NG-CDF, argued, “The NG-CDF is a lifeline for many Kenyans. It funds essential projects in education, health, and infrastructure. Scrapping it would be a violation of the socio-economic rights of wananchi.”

The NG-CDF has been in operation since 2003 and has long been a subject of legal battles. Its supporters maintain that it plays a crucial role in uplifting local communities, while critics argue that its structure violates key constitutional principles. With the court’s ruling, the fund’s fate is now sealed, with a final shutdown slated for 2026.

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