A legal Assembly team led by Senior Counsel and Rarieda MP Otiende Amollo appeared before a three-judge appellate bench on December 1, 2025 to defend the constitutionality of the National Government Constituencies Development Fund (NG-CDF). Photo by PBU 
By Andrew Mbuva
The National Assembly has defended the constitutionality of the National Government Constituencies Development Fund (NG-CDF) in a keenly followed Appeal heard today before the Court of Appeal.
This comes after a 2024 High Court decision declared the NG-CDF Act, 2015—along with its 2022 amendments—unconstitutional.
A legal team led by Senior Counsel and Rarieda MP Otiende Amollo appeared before a three-judge appellate bench comprising Justices Daniel Musinga, Francis Tuiyott and Aggrey Muchelule. The judges have set February 6, 2026, as the date for delivering their judgment.
During the virtual hearing, the National Assembly faulted the High Court ruling of September 24, 2024, which ordered that the Fund be dissolved by June 30, 2026.
The Assembly argued that the lower court failed to properly consider expert evidence demonstrating that NG-CDF is structured to ensure prudent use of public resources while avoiding duplication of county functions.
In his submissions, Amollo maintained that constituencies operate as National Government service delivery units under the National Government Coordination Act, making NG-CDF a decentralization tool rather than a devolution mechanism.
He further argued that parliamentary oversight of the NG-CDF Board does not violate the doctrine of separation of powers, noting that Kenya’s constitutional framework does not prescribe a rigid demarcation between arms of government.
“The learned judges failed to appreciate that the Fund finances only those projects that fall squarely within the exclusive functions of the National Government,” the National Assembly’s legal team submitted.
The Assembly also relied on a recent Supreme Court pronouncement affirming that the enactment of the NG-CDF Act did not require the involvement of the Senate—a key point contested in the High Court judgment.
Several lawmakers attended the virtual session, including Justice and Legal Affairs Committee Chairperson Gitonga Murugara, Delegated Legislation Committee Chairperson Samuel Chepkonga, Homabay Town MP Peter Kaluma, Suba North MP Millie Odhiambo and Kibwezi West MP Mwengi Mutuse.
The Appeal challenges the decision by High Court judges Justices Kanyi Kimondo, Mugure Thande and Lady Justice Roselyne Aburili, who in 2024 ruled that the Fund’s legal framework was unconstitutional. All eyes now turn to February 2026, when the Court of Appeal will determine the future of the NG-CDF.
