CoA overturns NG-CDF annulment, finds Senate input unnecessary
Court of Appeal overturns High Court ruling annulling NG-CDF, says fund does not violate devolution and Senate participation was not required...
✨ Key Highlights
The Court of Appeal has reversed a High Court decision, declaring the National Government Constituencies Development Fund (NG-CDF) constitutional. The court ruled that the fund does not violate devolution principles and that Senate input was not required for amendments to the NG-CDF Act.
- Three-judge bench led by Court of Appeal President Daniel Musinga delivered the judgment on Friday, February 6.
- The ruling overturns a September 2024 High Court decision which had sought to cease NG-CDF operations by June 30, 2026.
- The court struck down Section 43(9) of the Act, deeming the linking of a Fund Account Manager's tenure to Parliament's life unconstitutional.
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Court of Appeal Upholds NG-CDF; Rulings Made in Telewa and Sonko Graft Cases - February 2026
The Court of Appeal has reversed a High Court decision, declaring the National Government Constituencies Development Fund (NG-CDF) to be constitutional. The court ruled that the fund does not violate devolution principles and that Senate input was not required for amendments to the NG-CDF Act. In a separate case, the High Court paved the way for the EACC to arrest and prosecute National Government Affirmative Action Fund (NGAAF) Chief Executive Officer Roy Sasaka Telewa after dismissing his petition challenging corruption investigations. Meanwhile, former Nairobi Governor Mike Mbuvi Sonko defended himself in his resumed graft trial before the Milimani Anti-Corruption Court, testifying regarding allegations of conflict of interest and procurement irregularities.
