Win for MPs as Court of Appeal Issues Fresh Ruling on NG-CDF

The Court of Appeal has overturned a High Court ruling that had declared the entire National Government Constituencies Development Fund (NG-CDF) Act, 2015, unconstitutional.

In a judgment delivered on Friday, February 6, the appellate court found that the High Court erred in its interpretation of the Constitution and the remedies it issued.

A three-judge bench, comprising Court of Appeal President Justice Daniel K. Musinga, Justice Francis Tuiyott, and Justice A. O. Muchelule, nullified the High Court’s decision and decree issued on September 20, 2024.

The Court of Appeal held that the High Court had wrongly invalidated the entire law without conducting a proper constitutional analysis grounded in legal text and principle, particularly regarding public finance, devolution, and the separation of powers.

The appellate court further ruled that the case before the High Court had not been overtaken by events, despite amendments made to the NG-CDF Act in 2022 and 2023.

It also concluded that the law does not undermine the framework or principles of devolution, nor does it violate the constitutional allocation of roles between national and county governments.

Regarding the doctrine of separation of powers, the Court of Appeal disagreed with the High Court’s findings. Only Section 43(9) of the Act, which linked the tenure of constituency fund managers to the lifespan of Parliament and electoral transitions, was found unconstitutional. The provision was therefore removed from the statute.

The ruling restores the validity of the NG-CDF Act while ensuring that constitutional principles regarding separation of powers are upheld.

More updates to follow…