Aden Keynan Welcomes Court of Appeal Verdict Upholding Constitutionality of NG-CDF

 By Ahmed Salat Ali AARAN TV KE 

 The Court of Appeal has emphatically upheld the constitutionality of the National Government Constituencies Development Fund (NG-CDF), delivering a major victory for Parliament and reaffirming the fund’s critical role in driving grassroots development across the country. 

 In a landmark judgment delivered on 6 February 2026, a three-judge bench comprising Court of Appeal President Justice Daniel Musinga, Justice Fatuma Tuiyott, and Justice A.O. Muchelule set aside a High Court decision that had invalidated the entire NG-CDF Act, 2015. The appellate court ruled that the High Court erred in declaring the NG-CDF Act unconstitutional, finding that the legislation does not violate the principles of public finance, devolution, or the division of functions between the national and county governments. 

 “The remedy of striking down the entire Act was disproportionate and inconsistent with the principle of severability,” the judges held. Key Findings

 The Court of Appeal determined that the NG-CDF Act, 2015 was lawfully enacted and did not require the involvement of the Senate, as it concerns functions of the national government. The judges further ruled that amendments introduced in 2022 and 2023 did not render the original petition moot. However, the court found that Section 43(9) of the Act violated the doctrine of separation of powers. The provision, which linked the tenure of NG-CDF managers to the term of Parliament and election cycles, was declared unconstitutional and severed from the Act. Apart from that specific provision, the court affirmed that the NG-CDF framework remains legally sound. 

 “We do not invalidate legislation on the basis of hypothetical or speculative harm,'' the court stated, underscoring the need for judicial restraint in constitutional interpretation. 

 High Court Judgment Set Aside The appellate court formally set aside the High Court judgment issued on 20 September 2024, thereby restoring the operational legitimacy of the NG-CDF nationwide. Each party was ordered to bear its own costs, with the court noting that the matter was one of public interest. 

 Political Leaders Welcome Verdict 

 The ruling was welcomed by several legislators, who described it as a victory for millions of Kenyans who depend on NG-CDF-funded projects for education, security, water, health services and other essential community needs. 

 Eldas Member of Parliament Hon. Adan Keynan Wehliye hailed the decision as a major turning point for grassroots development and equitable service delivery.

 “Finally, the Court of Appeal has emphatically affirmed the constitutionality of the NG-CDF Fund, which remains the most effective, transformative, and impactful development instrument for grassroots empowerment and equitable service delivery across the country,” Keynan said.

 He added that the judgment safeguards critical community projects and restores certainty to constituencies that had faced uncertainty following the High Court ruling.

 Nationwide Implications 

 The decision clears the way for uninterrupted implementation of NG-CDF programmes across all constituencies, reinforcing Parliament’s role in channeling national development resources directly to local communities.

 Legal experts say the ruling will have far-reaching implications for future constitutional litigation involving public finance, legislative authority, and the doctrine of separation of powers.