Win for MPs as Court of Appeal legalises NG-CDF Act

The Court of Appeal has overturned a High Court ruling that declared the National Government Constituencies Development Fund (NG-CDF) Act unconstitutional, allowing the popular fund to continue operations.

The judgment was rendered by a three-judge bench comprising Justices Daniel Musinga (President), Francis Tuiyott, and Aggrey Muchelule, setting aside the September 2024 High Court decision that had ordered the Fund to cease operations by June 30, 2026.

The appellate judges found that the High Court had erred in declaring the entire NG-CDF Act, 2015 as amended in 2022 and 2023 unconstitutional. 

The bench ruled that the Fund does not violate the principles of devolution, does not create a third tier of government, and operates within the constitutional framework.