The future of the multi-billion shilling National Government Constituencies Development Fund (NG-CDF) now rests with the Court of Appeal, which has scheduled its landmark judgment for February 6, 2026. This decision will cap a lengthy legal war over a fund that channels billions directly to Kenya's 290 constituencies.

At stake is control over a kitty allocated approximately KES 54.8 billion (approx. $421 million) for the 2024/2025 financial year, which finances grassroots projects like school bursaries, classroom construction, and local security facilities. The fund's fate directly impacts how development is managed at the local level and defines the role of a Member of Parliament.

A Battle Over Constitutional Lines

The appeal follows a decisive High Court ruling on September 24, 2024, which declared the NG-CDF Act of 2015 unconstitutional. A three-judge bench found that the fund violates the principle of separation of powers by involving legislators in executive functions. The court also noted that the fund created a parallel development system that encroaches on the exclusive functions of county governments, leading to duplication and confusion. The High Court ordered the fund to be wound up by June 30, 2026, to allow for the completion of pending projects.

In its defense before the appellate court, the National Assembly, represented by a team including Senior Counsel and Rarieda MP Otiende Amollo, mounted a spirited argument to preserve the fund. Amollo contended that the High Court erred in its interpretation of the law.

The core arguments presented by the National Assembly include:

• Decentralization, Not Devolution: Amollo argued that constituencies are recognized as National Government service delivery units, making NG-CDF a mechanism for decentralizing national functions, not a violation of county-level devolution.
• No Violation of Separation of Powers: He maintained that Parliament's oversight role over the NG-CDF Board is aligned with its constitutional mandate under Article 95 and does not represent an illegal crossover into executive territory.
• Prudent Management: The legal team submitted that there was expert evidence showing the fund is managed prudently and does not duplicate projects managed by county governments.

The Public's Double-Edged Sword

For many Kenyans, the NG-CDF is the most visible form of government development. It provides crucial support, especially through education bursaries that keep hundreds of thousands of students in school. Supporters argue that scrapping the fund would create a significant gap in local development and disenfranchise communities who have come to rely on it.

However, critics, including civil society groups like The Katiba Institute who were petitioners in the case, argue that the fund turns legislators into project managers and dispensers of patronage, distorting their primary roles of representation, law-making, and oversight. This, they claim, undermines the very structure of governance established by the 2010 Constitution.

The February 2026 ruling will be a defining moment. It will not only determine the fund's survival but could fundamentally reshape the roles of Members of Parliament and the architecture of grassroots development in Kenya for years to come.