The Court of Appeal has upheld the constitutionality of the National Government Constituencies Development Fund (NG-CDF), bringing relief to Members of Parliament, local communities, and thousands of beneficiaries across Kenya.
The ruling ends months of uncertainty that had threatened to paralyse development projects and disrupt essential services at the constituency level. For many Kenyans, the decision restores hope that education, health, and infrastructure projects funded through NG-CDF will continue without interruption.
Rarieda MP Otiende Omollo, one of the key figures in defending the fund, has welcomed the verdict, describing it as a victory for citizens rather than politicians.
Court Ruling Ends Legal Uncertainty
For months, NG-CDF operated under a legal cloud. Court challenges questioned whether lawmakers should have any role in development spending, raising fears that the fund could be declared unconstitutional.
As the case dragged on, constituencies faced growing anxiety. Contractors paused work. School bursary committees delayed payments. Some projects stalled midway due to fear of violating the law.
A looming June 10 deadline worsened the situation. Had the court ruled against NG-CDF, operations would have stopped immediately. Thousands of students risked missing school fees support, while unfinished classrooms and clinics would have remained abandoned.
The Court of Appeal ruling has now removed this uncertainty. By affirming the fund’s legality, the court has allowed constituencies to resume projects confidently and plan for future development.
Otiende Omollo: “This Is a Win for Citizens”
Speaking to People Daily on February 6, 2026, Otiende Omollo framed the judgment as a public interest victory. He stressed that NG-CDF exists to serve communities, not Members of Parliament.
“This was never about shielding MPs,” Omollo said. “Members of Parliament do not benefit personally from NG-CDF. It is a constitutional tool that delivers resources directly to the people.”
Omollo revealed that he led a 12-member legal team in defending the fund. He said the case was complex and carried high stakes for millions of Kenyans who depend on NG-CDF support.
Earlier, on his social media platforms, Omollo reiterated that the ruling protects decentralised development and safeguards access to essential services, especially in rural and marginalised areas.
Why NG-CDF Matters to Communities
NG-CDF plays a critical role in everyday life for many Kenyans. The fund supports school bursaries, builds classrooms, equips health facilities, and funds water and sanitation projects.
In many constituencies, NG-CDF delivers faster results than national or county systems. It allows local leaders to respond quickly to urgent community needs.
During the legal uncertainty, the impact was already visible. Students in Grades 9 and 10 faced delays in bursary payments. Constituency staff worried about job security. Community projects stalled.
According to Omollo, further delays would have caused long-term damage. Constituencies risked missing the next budget cycle entirely, locking out thousands of needy students and wasting public resources.
Visible Impact Across the Country
Supporters of NG-CDF point to clear success stories across Kenya.
In Tetu Constituency, MP Geoffrey Wandeto says NG-CDF has transformed education infrastructure. Out of 45 primary schools, 40 have been renovated using NG-CDF funds.
Old classrooms have been replaced with safer structures. Schools now have iron-sheet roofs, tiled floors, fresh paint, and individual lockers. More than Ksh 645 million has gone into education projects, restoring Tetu’s reputation as an academic hub.
In Homa Bay Town, MP Opondo Kaluma described the ruling as a milestone judgment. He said NG-CDF has helped thousands of vulnerable children stay in school through bursaries and scholarships.
Kaluma warned that shutting down the fund would have punished citizens, not solved governance concerns.
Relief Beyond Parliament
The ruling has also brought relief to communities outside Parliament.
In Kisumu Central, MP Dr Joshua Oron said legal uncertainty had delayed bursary and scholarship processing. Thousands of applicants had waited anxiously.
“We are happy with the judgment,” Oron said. “It clears the way for urgent support to reach those who need it.”
Residents echoed this sentiment. Steve Wanda, a Kisumu resident, said the courts had listened to the cries of wananchi.
“For families struggling to pay school fees, this decision gives hope,” he said.
Ongoing Debate on Accountability
While the ruling restores NG-CDF operations, it does not end the debate over governance.
Critics argue that NG-CDF blurs the separation of powers by allowing legislators to influence development spending. They say this role belongs to the Executive.
Supporters counter that NG-CDF fills critical gaps, especially in marginalised areas where county and national systems often move slowly. They argue that proper oversight can address accountability concerns without killing the fund.
The court’s decision pauses the legal uncertainty while leaving room for future reforms.
Omollo’s View on Reform
Otiende Omollo has acknowledged that NG-CDF must continue improving. However, he insists reforms should strengthen the fund, not shut it down.
According to him, defending NG-CDF was about protecting communities far from Nairobi’s power centres. These are areas where delays hurt the most and alternatives are limited.
He argues that with stronger oversight and transparency, NG-CDF can coexist with devolution while delivering results.
What the Verdict Means Going Forward
With legal clarity restored, constituencies can move forward. Contractors can resume work. Bursary committees can release funds. Communities can complete stalled projects.
Although questions remain about NG-CDF’s long-term structure, the ruling restores stability at a critical moment.
For now, the focus shifts from survival to improvement. Policymakers now have space to strengthen accountability while preserving a fund that many Kenyans rely on daily.
As Kenya looks ahead, the challenge will be balancing strong governance with practical development needs. The court has given the country time to get that balance right.