Time for NG-CDF to Be Fully Anchored in the Constitution, Critics Say
The future of the National Government Constituency Development Fund (NG-CDF) is at a critical crossroads following a recent ruling by the High Court. On September 20, 2024, the court declared the fund unconstitutional and ordered that Members of Parliament complete any pending projects by June 30, 2026, when the fund is set to cease operations. This decision has reignited debates on the need for the fund to be firmly anchored in law rather than operating solely under the NG-CDF Act of 2015.
Established in 2003 under President Mwai Kibaki’s administration, the NG-CDF has been a crucial resource for socio-economic development at the constituency level, particularly for funding bursaries and school infrastructure. With its impact undeniable, many Kenyans rely on it to address local challenges, reducing poverty and promoting regional equity. However, the fund’s legal status has long been in question, leading some critics to argue that it lacks the constitutional backing necessary to safeguard its long-term viability.
During the marking of NG-CDF’s 20th anniversary, President William Ruto emphasized the urgency of resolving the fund’s legal uncertainties. He challenged MPs to expedite the passage of eight bills intended to entrench the fund in the Constitution, warning that delays would leave it vulnerable to further legal challenges. The President’s remarks come after a series of court rulings that have found aspects of the fund’s operations to be in conflict with constitutional principles, particularly those relating to the separation of powers and the functions of the national and county governments.
Despite this, the NG-CDF has enjoyed wide popularity due to its tangible benefits in local communities. From funding school buildings and roads to supporting education through bursaries, the fund has been credited with improving lives in rural constituencies where government services often fall short. However, critics contend that the fund is still susceptible to misuse, with accusations that some MPs use it for political patronage, a practice that undermines its true potential.
The recent High Court ruling serves as a wake-up call for the government to take decisive action. Legal experts argue that the fund should not only be restructured but also fully enshrined in the Constitution to prevent future litigation. This move would solidify its legitimacy and ensure it remains a permanent fixture in Kenya’s development framework.
As the clock ticks down toward the 2026 deadline, it is clear that the future of the NG-CDF depends on swift legislative action. Failure to enshrine the fund in the Constitution risks disrupting ongoing development projects and depriving constituents of essential services. It is now time for the government to act decisively, ensuring that the NG-CDF “comes of age” and continues to serve its intended purpose without legal hindrances.
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