MPs could lose powers to manage CDF kitty

Members of Parliament could lose powers to appoint managers of the Constituency Development Fund (CDF).

This is after the Court of Appeal on Friday (November 24) overturned a High Court ruling that declared the Constituency Development Fund Act (CDFA) defective and unconstitutional.

Appellate judges Erastus Githinji, George Kariuki and Lady Justice Hannah Okwengu ruled that the act does not violate principles of public finance revenue and separation of powers as envisaged by the 2010 constitution.

“We have reached the conclusion that contrary to the finding of the High Court, the CDF Ammendment Bill was passed in accordance with the constitution, the CDFA does not violate the principles of Public Finance division of revenue and the principle of division of powers and functions,” the judges ruled.

The three judge bench however ruled that some parts of the Act that give the MPs powers to appoint  managers of the kitty as “defective”.

“We have however found that some sections 24 (3) (c) 24 (3) (f) and section 37 (1) (a) of the CDFA violates the principle of separation of powers,” the judges ruled.

This comes even after two Non-Governmental Organizations (NGO’s) the Institute for Social Accountability and Centre for Enhancing Democracy and Good Governance moved to court in 2015  seeking orders to declare the 2013 CDF Act unconstitutional after Members of Parliament put themselves in charge of the fund.

The two NGOs argued that the law was in contravention of the principles of good governance, transparency and accountability