CDF Act Headed For Amendment, Muturi

Speaker Justin Muturi has said that Parliament will amend the Act to align it with the constitution.

Muturi says parliament will use the 12-month grace period given by the High Court to amend the Act saying that CDF is very key in constituency growth.

He dismissed calls to nullify it saying that it serves to compliment the efforts by the County Governments.

The speaker added that the CDF does not interfere with devolution, saying it is possible to make CDF operational without interfering with devolution, remarks echoed by Njoro Member of Parliament Joseph Kiuna.

SEPARATION OF POWERS

The two were reacting to Friday’s High Court ruling that declared the CDF Act 2013 unconstitutional on grounds that it violates constitutional principles of public finance and division of revenue.

Justice David Majanja ruled that the Act undermines the spirit of devolution and the Principle of Separation of Powers.

He gave the government one year to amend the Act.

The ruling comes after The Institute of Social Accountability (TISA) successfully sued the National Assembly and the CDF board for undermining devolution, principles of public finance and the separation of powers.

The Constituency Development Fund was introduced in Kenya in 2003 after the 9th Parliament passed the CDF Act 2003.

The CDF Act provides that the government set aside at least 2.5% of its ordinary revenue for disbursement under the program.

Three quarters of the amount is divided equitably between Kenya’s 290 constituencies whilst the remaining quarter is divided based on a poverty index to cater for poorer constituencies.

By Maureen Murimi