The cat lives to die another day. In a judicial plot twist that has jubilant MPs dancing in the corridors of Parliament, the Court of Appeal has overturned the High Court’s annulment of the National Government Constituency Development Fund (NG-CDF). The ruling effectively saves the controversial fund from the guillotine, ensuring that billions of shillings remain under the direct patronage of lawmakers.

The legal battle has been a tug-of-war between the spirit of devolution and the reality of political power. The High Court had previously driven a stake through the heart of the fund, arguing that it violated the separation of powers and, crucially, that the Senate was bypassed in its creation. The "So What?" of this reversal is massive: it reaffirms the supremacy of the National Assembly in managing local development funds and denies the Senate a seat at the table, deepening the rift between the two houses.

The Senate Sidelined

The three-judge bench at the Court of Appeal dismantled the lower court's reasoning with surgical precision. They found that the NG-CDF is a national government fund, not a county one, and therefore does not require the input of the Senate. It is a technicality with profound political consequences.

• The Verdict: The court ruled that the fund does not interfere with the functions of county governments, a claim that Governors have long disputed.
• The Money Flow: This decision unlocks the flow of cash for bursaries and school projects, which MPs use as their primary tool for re-election.
• The Precedent: It sets a high bar for challenging parliamentary legislation, suggesting that the courts are becoming hesitant to disrupt established political financial plumbing.

A Victory for Patronage?

For the average Kenyan, the legal nuances matter less than the bursary cheque. MPs argue that NG-CDF is the only money that actually reaches the grassroots, bypassing the bureaucracy of the National Treasury and the County governments. Critics, however, see it as a slush fund that entrenches incumbency and blurs the line between a legislator and a developer.

The Civil Society petitioners who brought the case are licking their wounds, likely eyeing the Supreme Court. But for now, the NG-CDF is legal, alive, and kicking. The MPs have won the battle for the purse strings, and in Kenyan politics, he who holds the purse calls the tune.

The law has spoken, and it spoke the language of the status quo.