High Court declares NG-CDF unconstitutional

By Peter Ochieng

The 2015 National Government Constituency Development Fund (NG-CDF) Act has been declared unconstitutional.

High Court judges Kanyi Kimondo, Mugure Thande and Roselyne Aburili directed that the fund and all its projects, programs, and activities cease to operate on June 30, 2026.

In their ruling, the judges said they could not order for the immediate stop of the Fund, because some long term projects are ongoing.

"We are also alive to the fact that there are short, medium and long-term projects being implemented by the fund. We are now in the middle of the financial year, and funds may have been allocated for ongoing projects," ruled the judges.

The fund has been in operation since 2003, initiated by former President, the late Mwai Kibaki's administration.

Activist Wanjiru Gikonyo filed a petition against the fund, claiming that it violates the principles of separation of powers, adding that it's implementation bordered on roles being played by the executive and the Public Service Commmission (PSC).

However, Members of Parliament (MPs) led by Eldama Ravine’s Moses Lessonet, argued that the National Government Constituency Development Fund (NGCDF) is nationwide and benefits a lot of people, especially those at the grassroots level.

The fund has been credited for infrastructure upgrades in various institutions including schools, and paying school fees for learners from poor backgrounds through the bursary kitty.

Meanwhile, MPs who are members of the Committee on Delegated Legislation have concluded their review of several draft guidelines aimed at promoting and regulating the capital markets sector in the country.

The Committee, chaired by Samuel Chepkonga (Ainabkoi), today conducted a pre-publication scrutiny of the regulations in a meeting attended by Capital Markets Authority CEO Wyckliffe Shamiah and other senior officials.

Among the regulations reviewed were the Capital Markets (Conduct of Business) (Market Intermediaries) Regulations, 2024 and the Capital Markets (Margin Trading) Regulations, 2024.

Other regulations include the Capital Markets (Coffee Exchange) (Fees) Regulations, 2024 and the Guidelines on Financial Resource Requirements for Market Intermediaries.