The Institute of Social Accountability (TISA), and the Kenya Human Rights Commission applauded a recent court ruling that declared the National Government Constituencies Development Fund (NG CDF) Act of 2025, as amended in 2022 and 2023, unconstitutional.
The court’s decision arose from concerns that numerous amendments to the NG CDF Act violated the structure of devolution, interfered with county functions, and contravened the doctrine of separation of powers.
Led by Diana Gichengo Director TISA,The Commission emphasized that the judiciary recognized the need for a clear constitutional framework, stating that 15 judges had noted the absence of definitive guidelines for the Act’s implementation.
TISA urged Parliament to respect the ruling, asserting that lawmakers must focus on their constitutional mandate rather than interfering with the roles of other governmental bodies.
Gichengo highlighted the importance of reallocating funds to ensure more effective governance, particularly in light of the upcoming fiscal year.
“The ruling serves as a reminder that no law or institution is above the Constitution,” Gichengo remarked. “We recognize the critical role the NG CDF was meant to play in driving grassroots development. However, its implementation has contradicted the principles of equitable governance and fiscal accountability.”
The organization called on Parliament to enhance its budget allocation and oversight functions to ensure the development of grassroots infrastructure.
It also urged the establishment of budgetary and policy measures to support free basic education and make post-secondary education accessible and affordable for all citizens.
TISA’s statement follows a wave of public protests and debates in the Senate regarding the NG CDF’s deployment for educational purposes, which they argue overlaps with the responsibilities of various other government agencies.
Gichengo emphasized that the current system does not guarantee the right to free and compulsory education for all children, highlighting the need for accountability and transparency in resource allocation.
