Members of Parliament have received major relief after the Court of Appeal overturned a High Court decision that had declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.
The ruling, delivered on Friday, ends months of uncertainty over the future of the fund, which supports development projects in constituencies across the country.
The Court of Appeal found that the High Court made errors in its decision and went too far by invalidating the entire NG-CDF Act of 2015.
In September 2024, the High Court ruled that the NG-CDF violated the Constitution, especially the principles of separation of powers and devolution.
It ordered the fund to be wound up by June 30, 2026, although it allowed operations to continue temporarily.
The decision caused concern among MPs and communities that depend on the fund for schools, health facilities, roads, and security projects.
However, the Court of Appeal disagreed with that judgment. A three-judge bench ruled that the NG-CDF is part of the national government’s budget and is approved by Parliament through the normal budgeting process.
The judges said this does not breach the Constitution, as the fund is subject to oversight by institutions such as the Auditor-General and Parliament itself.
The appellate court noted that only one section of the law was unconstitutional. This section relates to the term of office of constituency fund managers being tied to the life of Parliament. The court ordered that this section be removed but allowed the rest of the Act to remain in force.
As a result, the NG-CDF will continue operating, and MPs will retain their role in overseeing projects in their constituencies.
The decision has been welcomed by legislators, who argued that the fund plays a key role in grassroots development and helps address local needs that may not be covered by national ministries.
The ruling also means that the planned shutdown of the fund in 2026 will not happen, unless a higher court overturns the decision. However, the legal debate around NG-CDF is not fully settled.
Civil society groups have continued to question the fund’s place within the constitutional framework, and there are ongoing discussions about possibly anchoring it more firmly in law.
For now, the Court of Appeal decision restores stability to the NG-CDF and allows development projects to continue without disruption.
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