The National Assembly has announced that it will appeal against the High Court’s decision that declared the National Government Constituencies Development Fund (NG-CDF) unconstitutional.
In a statement on Friday, September 20, the house announced that its legal team had requested a copy of the judgment and court proceedings.
This request is part of their plan to challenge the High Court’s decision at the Court of Appeal.
“In the appeal, the National Assembly intends to challenge all the findings of the High court with regard to the constitutionality of the NG-CDF Act 2015,” read the statement in part.
National Assembly to File an Appeal
According to the statement, the National Assembly will also apply for the stay of the declaration pending the hearing and determination of the intended Appeal.
The August House also intends to challenge the verdict on all the grounds cited by the Petitioners and allowed by the Court.
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Court Ruling on NG-CDF
In a ruling delivered on Friday, September 20, a three-judge bench determined that the Constitution of Kenya does not grant the National Assembly the authority to undertake functions at the constituency level.
The three-judge bench consisting of Judge Kanyi Kimondo, Justice Mugure Thande and Lady Justice Roselyne Aburili also found that the NG-CDF Act created a duplication of activities or wastage of scarce resources.
However, two of the judges voted to give the fund more time to allow completion of pending projects
The judges granted the current NG-CDF a grace period of one year and eight months, which will lapse at midnight on June 26, 2026.
After this date, the Fund will cease to exist, allowing for the completion of all pending NG-CDF projects.
Also Read: Blow to MPs as High Court Declares NG-CDF Unconstitutional
Why NG-CDF was Declared Unconstitutional
Additionally, the Court said that creation of the constituency as a delivery level affected the structure of devolution and hence it amounts to wastage of resources.
In addition, the bench took issue with the implications of NGCDF to the doctrine of separation of powers.
According to the judges, the role of MPs as stipulated in the constitution is legislation, representing their constituents and oversight but NGCDF saw them turn to service providers.
Other concerns highlighted in the ruling include the failure to involve the Senate in passing the NGCDF Act despite its implications to devolved functions.
The Petition was filed in 2016 by Wanjiru Gikonyo and Cornelius Opuot among other petitioners, challenging the legality of the NG-CDF Act 2015, on among other grounds, that the Fund violates the principles of Public Finance and alleged breach of the doctrine of separation of powers among others.
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