The Court of Appeal has revived the National Government Constituencies Development Fund NG-CDF Act from its previous High Court declaration that deemed the entire law unconstitutional, thus preserving the multi-billion-shilling fund, which was about to end. The high-stakes judgment delivered on Friday, 6 February 2026, has triggered intense reactions from political leaders, legal experts, and grassroots stakeholders.
The Court of Appeal President Justice Daniel K. Musinga and Justices Francis Tuiyott and A. O. Muchelule from the appellate bench combined to overturn the High Court decision, which had declared the NG-CDF Act unconstitutional. The earlier ruling found the law violated constitutional principles, including separation of powers, devolution, and public finance provisions. The Court of Appeal found that the trial court erred in its constitutional analysis and remedies, noting that invalidating the entire statute was excessive and legally unjustified.
The appellate court found Section 43(9) to create problems because it made constituency fund managers share the same term length as Parliament and electoral changes. The judges ruled that the NG-CDF framework, as amended over the years, did not undermine devolution nor interfere with the constitutional allocation of functions between the national and county governments.
The court decision reversed initial findings that established legal and political dominance for Members of Parliament who have consistently defended the fund as essential for financing numerous projects across all 290 constituencies of Kenya, including infrastructure development and educational initiatives and security operations and local service delivery programs. Supporters argue that without the NG-CDF, many grassroots development efforts would collapse, particularly in education, health, and community roads funding—sectors that depend on the fund’s annual financial support.
Opponents had challenged the NG-CDF on grounds that it duplicated county functions and breached constitutional public finance governance, which the High Court had initially supported. The appellate judgment now requires opponents to recalibrate legal strategies or pursue constitutional amendments if they wish to alter the fund’s legal basis.
The decision also averts a potential suspension of billions of shillings in ongoing NG-CDF projects that were scheduled to wind down by June 30, 2026, following the High Court’s annulment order. The law reinstatement brings back those projects, which will now move forward without any interruptions.
Legal commentators warn that the judgment could prompt further appellate or Supreme Court challenges, particularly on the severance of Section 43(9). The NG-CDF’s current operations provide vital financial support to communities across the country.
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