Activists Wanjiru Gikonyo and Cornelius Oduor Opuot moved to the Supreme Court after the Court of Appeal reinstated the National Government Constituencies Development Fund (NG-CDF).
Through their lawyer, Joshua Malidzo Nyawa, the activists filed a Notice of Appeal declaring they are “aggrieved by the entire judgment” delivered by Court of Appeal judges Daniel Musinga, Francis Tuiyott and Aggrey Muchelule.
According to the notice, they intend to challenge all findings and orders issued by the appellate court.
The Court of Appeal ruling, delivered on Friday February 6, 2026, overturned a September 2024 High Court judgment that had declared the NG-CDF Act unconstitutional and ordered the fund to wind up operations by June 30, 2026.
In reinstating the law, the appellate court found the High Court erred by invalidating the entire act without sufficiently demonstrating how specific provisions conflicted with the Constitution.
The judges held that the NG-CDF does not undermine devolution or improperly transfer county functions to the national government, ruling that the fund forms part of national government expenditure approved annually by Parliament.
However, the appellate bench struck down Section 43(9) of the Act, which tied the tenure of constituency fund managers to the life of Parliament, ruling that it violated the principle of separation of powers.
The dispute originates from a constitutional petition filed by the activists challenging the NG-CDF framework.
They argued the law allows Members of Parliament to influence development project implementation , functions they said constitutionally belong to the executive and county governments.
In the 2024 ruling, the High Court found that the NG-CDF undermined devolution, blurred separation of powers and bypassed constitutional public finance and legislative processes.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
