Kenyan Court Restores Billions in Constituency Development Funding
Nairobi, 7 February 2026
Kenya’s Court of Appeal has overturned a High Court decision that declared the National Government Constituencies Development Fund unconstitutional, securing over £3.5 billion annually for local projects. The ruling affects all 290 constituencies nationwide, ensuring continued funding for schools, healthcare facilities, and infrastructure development. However, petitioners plan to challenge this decision at the Supreme Court, potentially creating further uncertainty around the fund that allocates 2.5% of national revenue directly to MPs for grassroots development initiatives.
Court Decision Reverses September Ruling
On 6th February 2026, Kenya’s Court of Appeal delivered a significant victory for Members of Parliament by overturning a High Court ruling from September 2024 that had declared the NG-CDF Act of 2015 unconstitutional [1][2]. The three-judge appellate bench concluded that the lower court had erred in striking down the legislation, specifically finding that except for section 43(9), the NG-CDF Act does not violate the doctrine of separation of powers [1]. This decision effectively restores funding that was set to cease operations by 30th June 2026 under the previous High Court order [2].
Financial Scale and Impact
The restored fund represents substantial financial resources for constituency development across Kenya. Since the 2013-2014 financial year, the NG-CDF has disbursed over Ksh491 billion [2], with recent annual allocations reaching Ksh53.53 billion in 2023-2024 and Ksh54.77 billion in 2024-2025 [2]. For the 2025-2026 financial year, projections indicate Ksh55.9 billion will flow through the fund [2], with individual constituencies potentially receiving over Ksh221 million each [2]. The fund operates on a constitutional mandate requiring at least 2.5% of national government revenue to be allocated annually to the 290 constituencies [1][2].
Supreme Court Challenge Looms
Despite the Court of Appeal’s decision, the legal battle over constituency development funding is far from over. Petitioners Wanjiru Gikonyo and Cornelius Oduor Opuot have indicated their intention to challenge the appellate court judgement in the Supreme Court [1]. Their advocate, Lempaa Suyianka, has stated they will seek the recusal of Chief Justice Martha Koome, citing potential bias based on her public statements asking MPs to assist the Judiciary in constructing courts using CDF funds [1]. This challenge represents the latest chapter in a protracted legal dispute that began in 2016, with petitioners consistently arguing that the fund undermines Kenya’s devolution framework [1].
Historical Context and Future Implications
The current legal uncertainty stems from a complex history of court decisions regarding constituency development funding. In August 2022, the Supreme Court nullified the original CDF Act of 2013, ruling that it created an unconstitutional ‘third-tier’ government structure that encroached on county governments’ functions [1]. Parliament subsequently responded with the NG-CDF Act of 2015, which was later amended in 2022 and 2023 [1][2]. President William Ruto reaffirmed his support for the fund in November 2025, highlighting its role in enabling thousands of students to access education through bursaries whilst financing construction of classrooms, roads, and health facilities [2]. For constituencies like Turkana West, which encompasses Kakuma and surrounding areas, the restored funding ensures continued support for development initiatives that benefit both refugee populations and host communities, maintaining crucial infrastructure and services in this border region [GPT].