- The ruling was issued by a three-judge bench of Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili.
- According to the judges, the Fund encroaches on the mandate of the national and county governments.
Image: HANDOUT
National Assembly Speaker Moses Wetang'ula has scheduled a meeting with the House leadership on Wednesday (today) to chat the way forward following the High Court verdict which declared NG-CDF unconstitutional.
The meeting to be held in Parliament will bring together Leaders of the Majority and Minority parties in the House among others.
During the meeting, the leaders will explore the available options including filing an appeal as they seek to salvage the fund, considered so dear to the lawmakers.
In their ruling, the three-judge bench of Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili said the fund and all its projects, programmes, and activities shall cease to operate on June 30, 2026.
The bench said the value of its programmes to the local communities across 290 constituencies can't be gainsaid.
"We are also alive to the fact that there are short, medium and long-term projects being implemented by the fund. We are now in the middle of the financial year, and funds may have been allocated for ongoing projects," the bench said.
The fund has been in operation since 2003.
Despite their finding that the 2015 Act as last amended in 2003 is unconstitutional, the judges said it will not be in the interest of the nation or justice to bring it to an abrupt closure.
During a debate on Tuesday, MPs found fault with the ruling noting it could roll back on major strides made by the country in development of grassroots infrastructure if the Judgement is allowed to stand.
But, according to the judges, the Fund encroaches on the mandate of the national and county governments.
Eldama Ravine MP Musa Sirma termed the ruling ill conceived as the accountability mechanisms of the Fund and its output were clear for all to see, adding that Kenyans stand to suffer if the Judgment stands.
“This NG-CDF is an equalizer to all others Funds. There are sections of this Country that hither to the establishment of the Fund were lagging behind, but which now have been brought closer to the rest of the Country by the use of the Fund. Those against this Fund should go and face Kenyans at the grassroots and hear their outcry,” said the Select Committee on NG-CDF chairperson.
Eldas MP Adan Keynan underscored the urgency to entrench the NG-CDF in the Constitution to safeguard the milestones the country had made through the kitty.
“Stand firm as Members of Parliament. This is not the usual complaining. We will entrench the NG-CDF in the Constitution, for the good and well-being of the Country,” Keynan held.
On her part, Samburu West MP Naisula Lesuuda, challenged the investigative agencies to name and table evidence for any alleged misuse of the Fund, to prevent the continued external pressure to kill the Fund.
“If there is one fund where there is accountability, it is in NG-CDF. If anybody thinks there is anybody misusing the money, we have investigative agencies which can investigate,”Lesuuda stated.
Weighing in the debate, Rarieda MP Otiende Amollo who was one of the Legal Counsels for the National Assembly in the NG-CDF court case argued that the High Court had erred by basing its judgment largely on a past Supreme Court judgment on an NG-CDF Act which had since been amended.
“The decision rendered by the High Court is wrong on the role of MPs on the NG-CDF, the term and roles of the Fund managers and for the avoidance of doubt we have already agreed we are going to appeal that decision,” noted Amollo.
Earlier, Speaker Wetang’ula indicated that the House would hold a Kamukunji next week for Members to deliberate on the way forward.