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Originally published by Capital Newstop
February 7, 2026
20h ago
Why Musinga-led bench agreed with National Assembly, MPs on NG-CDF
The Court of Appeal explains why the amended NGCDF Act is constitutional, agreeing with the National Assembly and MPs on decentralization, oversight, and separation of powers...
✨ Key Highlights
The Kenyan Court of Appeal, led by President Daniel Musinga, has overturned a High Court ruling that declared the National Government Constituencies Development Fund (NGCDF) Act unconstitutional. This decision signifies judicial deference to Parliament's legislative amendments made in 2022 and 2023, which aimed to address earlier constitutional defects.
- The Musinga-led bench found that the High Court did not adequately consider the 2022 and 2023 amendments to the NGCDF Act.
- The ruling clarified that the role of Members of the National Assembly (MPs) regarding the fund is oversight, as per Article 95 of the Constitution, not executive authority.
- The court emphasized that decentralization of national government functions, as seen with the NGCDF, does not create a third tier of government and is permissible under Article 6(3) of the Constitution.
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