Members of Parliament have secured a significant legal victory after the Court of Appeal overturned a High Court decision that had invalidated the entire National Government Constituencies Development Fund (NGCDF) Act, 2015.
In a judgment delivered on Friday, February 6, the appellate court ruled that the High Court erred in striking down the law in its entirety, terming the decision excessive and legally unsound. The judges held that while certain aspects of the Act may raise constitutional concerns, this did not justify nullifying the whole statute.
The ruling followed an appeal filed by the National Assembly on September 24, 2024, after the High Court declared the NGCDF Act unconstitutional. That earlier decision had sent shockwaves through Parliament and constituencies across the country, putting billions of shillings allocated for grassroots development projects at risk.
In its appeal, the National Assembly argued that the High Court failed to apply the principle of severability, which allows unconstitutional sections of a law to be removed without dismantling the entire legal framework. The Court of Appeal agreed, emphasizing that courts must exercise restraint when invalidating legislation passed by Parliament.
The judges further noted that the NGCDF plays a critical role in supporting education, infrastructure, and social development at the constituency level, and its abrupt nullification would have far-reaching consequences for citizens who depend on the fund.
The decision is a major boost for lawmakers, who have consistently defended the NGCDF as a vital tool for equitable development. While the ruling keeps the fund alive, it also leaves room for Parliament to address any constitutional gaps identified by the courts, setting the stage for possible legislative amendments going forward.