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The National Government Constituencies Development Fund (NGCDF) Act of 2015 has been declared unconstitutional by the high court. A three-judge bench comprising Justice Mugure Thande, Justice Kanyi Kimondo, and Lady Justice Roselyne Aburili ruled that the act violated several constitutional principles, including the separation of powers and chapter 12 of the constitution, which outlines the principles and framework of public finance. The court also found the passage of the act unconstitutional because it only involved the national assembly, despite the matter also affecting counties, which required the senate’s involvement. However, the act’s invalidity has been extended until midnight on June 30th, 2026, due to ongoing projects. So far, 15 judges have ruled the act unconstitutional, including 3 from the high court, 3 from the court of appeal, 6 from the Supreme Court, and now 3 more high court judges. __
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Court: The NG-CDF has led to overlapping functions within government operations
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