Future of 1.2m learners at risk as NG-CDF faces battle for survival

The fate of more than 1.2 million learners, who are beneficiaries of the National Constituency Development Fund (NG-CDF), hangs in the balance due to a protracted battle between Members of Parliament (MPs) who have refused to accept its illegality, and the courts, which have defeated all attempts to rectify the fund’s status.

The kitty, which has become a legal battleground over the years, is now on its last legs. It has until June 30 of next year to conclude its operations in line with a court directive.

Unaddressed issues, including planned but implemented constituency development projects and unpaid pending bills, loom large as the NG-CDF approaches its closure.

A High Court ruling delivered by judges Kanyi Kimondo, Mugure Thande and Roselyn Aburili in September last year declared the NG-CDF Act unconstitutional for violating the principal of separation of powers, and over the failure of MPs to consult the Senate when the law was enacted.

“The National Government Development Constituency Fund (NG-CDF) as amended in 2022 and 2023 is hereby declared unconstitutional. NG-CDF and all its projects, programmes and its activities shall cease to operate on the stroke of midnight on June 30, 2026,” ruled the three-judge bench.

NG-CDF Chief Executive Officer Yusuf Mbuno now warns that a major catastrophe awaits if the fund is wound up, given its significance across the country.

“The impact, if the NG-CDF is not allowed to continue past next year, will be tremendous school dropouts. The time frame given for the fund’s closure did not consider those currently in school. It takes students at least four years to complete their education, whether it’s from Form One to Form Four or any other level. You cannot set a time frame shorter than that,” said Mbuno.

Beneficiaries fate

The CEO also criticized critics of the fund, calling their arguments “academic.” He expressed concern that while much focus has been on its legality, no one is addressing the real question of what the NG-CDF can do for the people.

“When you make such a ruling, what is the fate of the children supported by NG-CDF through secondary from form 1 to form 4 or those in university from first year to fourth year?” posed Mbuno.

“Who will take over the beneficiaries of the fund yet the Ministry of Education, for instance, does not have the budget to accommodate them?”

His sentiments are rooted in the fact that the NG-CDF has received a cumulative total of Sh522.57 billion over the past 20 years since its inception under the administration of former President Kibaki.

A total of 3,087 new public schools have been built, 26,000 new classrooms constructed, and an estimated 1.2 million learners continue to benefit from bursaries each year. Furthermore, the fund has established 61 new Kenya Medical Training Colleges and 155 new technical institutes in collaboration with the Ministry of Education.

The development came a day after Speaker of the National Assembly, Moses Wetangula, revived the House’s efforts to save the NG-CDF fund. Speaking in Naivasha on Tuesday, Wetangula outlined advanced plans to entrench NG-CDF through amendments to the Constitution.