Court of Appeal Ruling Revives NG-CDF: What It Means for Constituency Construction Projects

Five days on from the Court of Appeal judgment delivered February 6, 2026, the practical effect on Kenya's constituency-level construction is starting to show. By setting aside the High Court's September 2024 declaration that the National Government Constituencies Development Fund Act, 2015 was wholly unconstitutional, the appellate bench has removed the looming June 30, 2026 wind-down deadline. Only Section 43(9), which pegged fund managers' terms to parliamentary cycles, was struck down. Everything else stands.

The ruling means NG-CDF money keeps flowing to all 290 constituencies on the usual equal-share basis. That directly protects hundreds of active and planned building projects that were at risk of stalling or cancellation after the High Court order. Contractors who had stopped work or delayed invoicing can now resume confidently. New tenders that had been frozen can move forward. Payments for completed works, many of which had been held back pending clarity, should start clearing.

Education infrastructure remains the biggest draw on the fund. In almost every constituency you find NG-CDF money going into extra classrooms, science laboratories, administration blocks and student dormitories. These are not massive national projects but mid-sized builds—often single-storey structures with simple reinforced concrete frames, blockwork walls and iron-sheet roofing—that local contractors handle from start to finish. The same pattern repeats in health: dispensaries, maternity units and small outpatient wings get built or expanded. Water projects deliver boreholes, elevated tanks, piped extensions and livestock pans in dry zones. Rural access roads get gravelled, culverts installed and short sections paved where budgets allow. Police posts and chiefs' camps round out the typical mix.

These works matter because they represent consistent, predictable demand in an industry where big national contracts grab headlines but small-to-medium jobs keep many firms and workers going. A typical constituency might see three to six such projects per financial year, injecting cash into local suppliers of cement, sand, ballast, timber, steel bars, paint and electrical fittings. Masons, carpenters, plumbers and unskilled labourers draw steady income from these sites, often in places far from major urban centres or county headquarters.

The appellate judges made clear that NG-CDF fits within national government spending powers. Funds are voted through the Appropriations Act, audited by the Auditor-General, reported in detail and selected with public input via constituency committees. They dismissed claims of duplication with county functions by stressing that the fund addresses national equity goals rather than running parallel devolved services. Amendments from 2022 and 2023 had already tightened alignment with the 2010 Constitution, something the High Court overlooked in the judges' view.

MPs and development committee members have already signalled a return to business as usual. In several constituencies, site meetings reconvened within hours of the ruling being reported, and procurement officers started dusting off stalled tender documents. For communities waiting on a new classroom block to ease double-shift learning or a gravel road to cut market travel time, the decision translates to tangible progress resuming.

The petitioners have lodged a Supreme Court appeal notice, so the long-term picture could still change. Past CDF litigation has forced reforms before, and critics including governors continue to argue the fund undermines county authority in health, education infrastructure and roads. For the moment, though, the legal cloud has lifted. NG-CDF's role in delivering physical development at the most local level (classrooms children can actually use, clinics mothers can reach, roads lorries can travel) remains secure.