MPs Meeting Over CDF Act Suspension

The legislators, drawn from both the Jubilee Alliance and the Coalition for Reforms and Democracy (CORD), are meeting to decide on whether to appeal the decision by the High Court to suspend the CDF kitty after it ruled that the CDF Act 2013 was in conflict with the Constitution of Kenya 2010.

The legislators arec also deliberating on whether to entrench the CDF Act in the constitution.

This comes after the National Assembly on Wednesday adjourned normal business to debate the High Court ruling.

The adjournment motion by Rarieda MP Nicholas Gumbo received support from MPs across the political divide, with most of them criticizing the ruling saying the Judiciary should not interfere with their functions.
The High Court ordered Parliament to amend the Act within the next 12 months lest it becomes null and void.

SEPARATION OF POWERS

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

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.

The fund was designed to support constituency-level, grass-root development projects.

The CDF program has facilitated the putting up of new water, health and education facilities in all parts of the country, including remote areas that were usually overlooked during funds allocation in national budgets.

By Maureen Murimi