Justices Kanyi Kimondo, Mugure Thande, and Roselyne Aburili ruled that the fund, along with all its projects, programs, and activities, will cease operations on June 30, 2026, stating that it undermines the principle of separation of powers.
The judgment follows a petition by activist Wanjiru Gikonyo, occurring at a time when there are also proposals to consolidate its bursary programs, along with other bursary funds, into a single national bursary kitty.
Mr. Simiyu, however, stated that the fund has enabled many children from disadvantaged backgrounds to achieve their academic goals through its bursary program, arguing that scrapping it would significantly impact the education of many learners.
“There have been numerous petitions targeting the NGCDF fund, both in the courts and in Parliament. Those who believe its existence is a waste of public funds should first assess the benefits it has brought,” he said while presenting an NGCDF-funded school bus to Kapsirowa High School.
The MP also opposed proposals to consolidate the NGCDF into a national fund, arguing that it would be ineffective in identifying deserving beneficiaries of its programs at the grassroots level, especially those focused on education.
"Consolidating the NGCDF into a national fund will disadvantage many, as it will be challenging to ensure that deserving cases receive the support they need. The focus should be on increasing allocations for constituencies with larger populations, like Cherang'any," said the MP.
The fund has been in operation since 2003, and the bench noted that its programs have significantly benefited local communities across 290 constituencies.
Activist Gikonyo challenged the National Government Constituency Development Fund (NGCDF), which was established after the High Court nullified the previous CDF Act.
He sought a court ruling to declare the NGCDF unconstitutional, arguing that it establishes a third layer of governance not provided for in the Constitution because it violates the principles of separation of powers.
