Rarieda MP Otiende Omollo has welcomed the Appellate Court’s ruling that effectively rescues the National Government Constituencies Development Fund (NG-CDF) from imminent collapse, terming it a victory for the common mwananchi.

In the high-stakes poker game of Kenyan politics, the National Government Constituencies Development Fund (NG-CDF) has always been the ace up the sleeve of Members of Parliament. Today, that card was played with devastating effect as the Court of Appeal overturned a previous declaration that the fund was unconstitutional. For Rarieda MP Otiende Omollo, a seasoned constitutional lawyer and a vocal proponent of the fund, the verdict is not just a legal win; it is a vindication of the legislative intent to decentralize development.

The Lifeline for Grassroots Development

Speaking moments after the judgment was delivered, Omollo did not mince his words. "The judiciary has today affirmed that resources must follow functions, but more importantly, that the development of our constituencies cannot be held hostage by technical interpretations of the law," he stated. The ruling effectively pulls the NG-CDF back from the brink of extinction, ensuring that bursaries for millions of needy students, security projects, and local infrastructure developments continue uninterrupted. The anxiety that had gripped the corridors of Parliament—and the villages that rely on these funds—has been replaced by a collective sigh of relief.

The controversy stemmed from a High Court ruling that termed the fund a violation of the separation of powers, arguing that MPs cannot be both legislators and implementers of projects. However, the Appellate Court’s wisdom appears to have leaned towards the practical reality: without NG-CDF, the fabric of rural development in Kenya would unravel. Omollo’s support highlights the political consensus across the divide; in a polarized nation, the NG-CDF is the one cow that everyone agrees must be milked, not slaughtered.

• The Bursary Crisis Averted: With schools reopening, the nullification of the fund would have left over 3 million students without support, triggering a social crisis of monumental proportions.
• MP’s Power Retained: The ruling cements the position of MPs as patrons of development, a role that is critical for their re-election survival in Kenya’s patronage-based politics.
• The Legal Nuance: Omollo emphasized that the court distinguished between the "old" CDF Act and the new NG-CDF Act, a subtle but vital legal distinction that saved the fund.

The Nut Graf: Power to the Patron

Why does this matter? Because in Kenya, development is politics. The attempt to scrap NG-CDF was seen by many legislators as an attempt to neuter Parliament, reducing MPs to mere debaters in Nairobi while their constituencies withered. By upholding the fund, the court has re-established the equilibrium of power. It ensures that money continues to flow directly to the grassroots, bypassing the often bureaucratic and sometimes corrupt bottlenecks of the National Treasury and County Governments.

However, the celebration must be tempered with caution. The ruling is likely to be challenged at the Supreme Court by civil society groups who maintain that the fund is a constitutional aberration. But for now, Otiende Omollo and his colleagues can breathe easy. The bursary cheques will be written, the police posts will be painted, and the CDF signage—the ubiquitous symbol of an MP’s presence—will remain standing. As the dust settles, the message is clear: the courts have chosen stability over strict purism, and for the student waiting for fees in Rarieda, that is the only verdict that counts.