Kileleshwa Member of County Assembly (MCA) Robert Alai has opposed the recent ruling by the High Court that declared the National Government-Constituency Development Fund (NG-CDF) Act of 2015 unconstitutional.
In a statement shared on his X account on Saturday, September 21, 2024, Alai expressed his disagreement with the court’s decision. He emphasized the significant role that the CDF has played in improving the lives of Kenyans.
Alai argued that dismantling the CDF would not be as straightforward as issuing a court order. He emphasized that the fund has had a profound influence on development projects across the country and suggested that any attempt to eliminate it would be ineffective.
“Removing CDF will not be as easy as issuing a court order. CDF is the most impactful fund in the country. So there is no way somebody can wake up and issue an order against it. Any order issued against CDF is all in vain,” Alai remarked.
Court’s ruling
On Friday, September 20, 2024, a three-judge panel consisting of Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili ruled that the NG-CDF and all its related activities will cease operations on June 30, 2026.
This decision came after activist Wanjiru Gikonyo challenged the legality of the fund, which was established following the nullification of the previous Constituency Development Fund (CDF) Act by the High Court.
Gikonyo argued that the NG-CDF Act is unconstitutional because it introduces a third layer of governance not outlined in the Constitution.
In their ruling, the judges acknowledged the significance of the fund’s programs to local communities in 290 constituencies across the country, noting that their impact cannot be easily replaced.
The NG-CDF, which has been operational since 2003, was deemed unconstitutional in its current form under the 2015 Act, as amended in 2023.
However, the court recognized that the fund supports a variety of ongoing short-, medium-, and long-term projects.
To prevent disruption, the judges decided that instead of an immediate halt, the fund’s activities would continue until June 30, 2026, after which they would be discontinued.
“In finding that the 2015 act as last amended in 2023 is unconstitutional, it will not be in the interest of the nation or justice to bring it to an abrupt closure”, the judges said.
