MPs Win Big as Court of Appeal Issues Verdict on NG-CDF
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The Court of Appeal has overturned a High Court ruling that ruled the National Government Constituencies Development Fund (NGCDF) Act unconstitutional and mandated the fund’s suspension.
In a ruling on Friday, February 6, 2026, the appellate court declared that the NGCDF Act of 2015 is still largely constitutional and overturned the High Court’s decision from September 20, 2024.
The judges warned that such a drastic remedy was disproportionate and would have seriously disrupted development projects funded by the NGCDF nationwide, ruling that the High Court erred in invalidating the entire statute.
The Court of Appeal determined that the 2022 and 2023 amendments to the NGCDF Act did not make the petition before the High Court moot.
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NGCDF Act
It further decided that the Act does not violate the constitutional division of powers between the federal and local governments, nor does it violate the principles or structure of devolution.
The court disagreed with the High Court’s conclusions regarding the separation of powers, holding that only section 43(9) of the Act was unconstitutional.
According to the judges, the NGCDF does not usurp county government functions and does not create a constitutional conflict between the two levels of government.
The Court of Appeal said that the High Court’s remedy of nullifying the entire Act was excessive and did not apply the principle of severability, which permits the removal of unconstitutional provisions without rendering the entire law invalid. This decision was a significant relief for Parliament and the NGCDF Board. Also Read: FKF Sacks Harold Ndege, Names Dennis Gicheru as Acting CEO
Nonetheless, the appellate court found a small constitutional flaw in the Act that had to do with the separation of powers principle.
The NGCDF Act’s Section 43(9) was ruled unconstitutional by the court because it links the Fund Account Manager’s term to parliamentary terms and election cycles. The law has now officially removed that clause.
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High Court structure for representation. PHOTO/S
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