Members of Parliament have erupted in outrage following a controversial court ruling that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional, branding the decision as politically motivated.
The ruling, delivered by the High Court, has provoked a fierce backlash from legislators who view the judgment as an unwarranted interference in their mandate.
During an extraordinary session of the National Assembly on Tuesday, September 24, both ruling and opposition members united in their condemnation of the judiciary. The MPs alleged that the court's judgment aligns more closely with the opinions of the Council of Governors (CoG) than with legal principles.
"This was more of a political judgment than a legal judgment," declared Majority Leader Kimani Ichung’wah, who led the charge against what he described as judicial overreach.
The High Court had ruled on Friday that the NG-CDF, a critical source of funding for local projects, was unconstitutional, primarily because it breached the principle of separation of powers and failed to involve the Senate in its establishment.
As a result, MPs have been given until June 30, 2026, to wrap up ongoing projects before the fund is dismantled entirely.
Despite the ruling, Ichung’wah asserted that no amount of judicial decisions would derail their commitment to the fund. "We are the law-making house. If we have to craft another NG-CDF Act, let us do it," he insisted, calling for urgent legislative action to secure the fund's future for the benefit of their constituents.
His sentiments were echoed by the Minority Leader, Junet Mohamed, who asserted, “We have the powers even to amend the constitution; the Judiciary doesn't have. You can declare the CDF act unconstitutional as many times as you like, but we will make sure CDF remains in this country.”
The ruling sparked heated debate in the Assembly, with Minority Leader Junet Mohamed echoing concerns about the judiciary's role. "That judgment is just a popularity contest judgment for judges who pronounced themselves on that matter of CDF," he argued, emphasising the need for the judiciary to engage with the realities faced by Kenyans.
This conflict between the legislature and judiciary underscores a growing tension within the government. MPs accuse the judiciary of operating from an "ivory tower," disconnected from the struggles of everyday citizens. "The Judiciary is living in an ivory tower, and they must come down from that tower," Mohamed asserted.
As the political storm rages, the National Treasury announced the release of Ksh 7.8 billion to the Constituency Development Fund on the same day. This move is crucial for funding various projects, particularly as many students depend on these funds for scholarships and infrastructural development, especially following the heavy rains that have wreaked havoc in recent months.
The controversy over the NG-CDF is not new. The fund, which was first established in 2003, has faced numerous legal challenges. In 2020, the previous version of the fund was declared unconstitutional, prompting the creation of the NG-CDF, which is now facing a similar fate.
Lawmakers argue that the legal scrutiny surrounding the fund highlights a broader issue regarding the balance of power between different government branches.
In light of the recent ruling, the National Assembly plans to appeal the decision, with MPs vowing to challenge for the billions of shillings allocated to the fund.
