Appeal court sets aside High Court decision
The Court of Appeal has overturned a High Court judgment that had invalidated the National Government Constituencies Development Fund (NG-CDF) Act, 2015, offering relief to Members of Parliament who support the constituency-based funding framework.
In its decision, the appellate court held that the High Court erred in its constitutional analysis and in the remedies it granted, including the move to invalidate the entire law governing the fund.
What the ruling means
The NG-CDF is a key public financing mechanism in Kenya that channels national government resources to constituencies for community projects, including education support and local infrastructure. The High Court ruling had raised uncertainty around the continuity of the fund and associated programmes.
By setting aside the earlier judgment, the Court of Appeal has reinstated the legal framework of the NG-CDF Act, 2015, as the matter shifts back into focus on how the law aligns with constitutional principles and the separation of powers.
The decision is expected to influence how constituency funds are administered and how disputes over the roles of Parliament and other institutions are handled in court.
AI Generated News.