There is no law preventing transfer of NGCDF to Counties, Lawyer says

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Former President of the East Africa Law Society Lawyer James Aggrey Mwamu address the media during a past event-Photo Courtesy 
 

By Dickson Odhiambo

June 6, 2025

There is no law preventing transfer of NGCDF to Counties, Lawyer says

The National Government Constituency Development Funds can be directly transferred from the National Government to the Counties since there is no law preventing such transfer of funds, a lawyer has said.

Former President of East African Law Society James Aggrey Mwamu says since both CDF Act 2013 and NGCDF Act 2015 have been declared unconstitutional by the High Court and the Supreme Court, the National Government can take the funds and transfer it directly to counties to manage it.

Mwamu says since the funds have been declared illegal under the Members of Parliament, the National Government can take the funds and re-directs it to Counties.

Mwamu says the funds can’t be entrenched into the current Constitution unless its Management is to be done by Members of Parliament, adding that MPs can’t manage the funds since they have three roles of Representation, Legislation and Oversight.

“You cannot oversight some funds as a Member of Parliament if you also have a kitty to manage like the NGCDF and this has been the argument in Court,”Mwamu says.

Mwamu says there is no need to entrench into the current constitution.

 

    

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