Speaking on Friday, Wetangula assured Kenyans that Parliament’s legal team had already taken the necessary steps to appeal the decision.
He explained that they have requested the judgment and court proceedings to prepare for the case at the Court of Appeal.
Wetangula emphasized that Parliament would also apply for a stay of the ruling, which means that they want the court to temporarily suspend the judgment until the appeal is fully heard and decided. This move would allow the NG-CDF to continue its operations in the meantime.
The ruling, delivered by Justices Kanyi Kimondo, Roselyn Aburili, and Mugure Thande, concluded that the NG-CDF undermines devolution, wastes public resources, and overlaps with the functions of county governments.
According to the judges, the fund is unconstitutional because it forms a parallel structure for development, which goes against the spirit of Kenya's devolved system of government.
The court also noted that the creation of the NG-CDF Act did not involve the Senate, which should have had a say in the matter.
The court ruled that the NG-CDF Act of 2015, along with amendments made to it in 2022 and 2023, violates the Constitution.
It gave a deadline of June 30, 2026, for all NG-CDF activities and projects to stop. After this date, the fund and its projects will no longer be operational unless the appeal overturns the ruling.
Wetangula reassured the public that Parliament intends to challenge all the points raised by the petitioners, which the High Court agreed with in its ruling.
The case was initially filed by the Katiba Institute in 2016, a group that argued that the NG-CDF violates key constitutional principles, especially those related to public finance management and the separation of powers between different arms of government.
The Katiba Institute’s main argument was that the NG-CDF allows Members of Parliament to have direct control over development funds, which conflicts with the roles of county governments and the executive. This, according to them, leads to misuse of funds and confusion in the implementation of development projects.
Parliament, however, maintains that the NG-CDF is important for local development, and the projects funded by it have helped improve infrastructure, education, and other community needs.
Wetangula assured Kenyans that Parliament respects the court’s decision but believes there are strong grounds for an appeal. He added that all legal channels will be explored to ensure that the matter is addressed thoroughly.
If the appeal is unsuccessful, the NG-CDF will have to be wound up by 2026, meaning that development projects funded by the program will be stopped.
This could have a significant impact on local communities, as many rely on these funds for various services, including school infrastructure, bursaries for needy students, and the construction of local amenities.
However, those who support the court's decision argue that development projects should be handled by county governments to avoid duplication and ensure efficient use of resources.
They believe that devolving these funds will strengthen counties and allow them to meet the needs of their residents more effectively.
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