MPs successfully reclaim CDF as President Kenyatta assents to new Bill

Members of Parliament have successfully taken control of the Constituency Development Fund (CDF) after President Uhuru Kenyatta signed into law the new National Government Constituencies Development Fund Act 2015.

The Bill, which was among six other Bills passed by Parliament recognizes the Constituency as a platform for identification, performance and implementation of National Government functions.

The Act also provides mechanisms for supplementing infrastructure development at the constituency level in matters falling within the functions of the national government and provides for a public finance that promotes equity in society with oversight exercised by the National Assembly.

The Fund will consist of not less than 2.5 per cent of National Government share of revenue pursuit to Section 218 of the Constitution.

Parliament was racing against time to pass 18 pending Bills for the full implementation of the Constitution before the five-year deadline expired on August 27th.

The National Assembly only had 12 working days to enact the remaining Bills in order to meet the timelines set by Schedule Five of the 2010 Constitution.

According to Article 261 (7), Parliament can be disbanded for failing to enact laws for constitutional implementation unless members can muster a two-thirds majority vote to extend the deadline.

Parliament managed to extend the deadline giving them time to pass the bills that they felt ready in August.

The Bills include the Court of Appeal (Organization and Administration) Act 2015, the High Court Organization and Administration Act 2015 and the Magistrates Court Act 2015.

Others are the Higher Education Loans Board (Amendment) Act 2015, the Kenya National Examination Council (Amendment) Act 2015, the Tax Procedure Act 2015 and National Government Constituencies Development Fund Act, 2015.

The High Court, Court of Appeal and Magistrates Courts Amendment Acts are acts that will re-organize the judiciary, making it more efficient and responsive to the needs of Kenyans.

The amended laws, which provide the necessary legal tools for the Judiciary to fulfill its mandates, also bring to a close the legislative part of the country’s judicial reforms under the new constitution.

The purpose of the Tax Procedure Act is to give effect to the Excise Duty Act, consolidate laws relating to the collection of revenue and simplify the way in which government collects revenue from Kenyans.

It also makes the process of paying taxes more efficient and predictable, thereby easing the cost of doing business in the country.

The Higher Education Loans Board (Amendment) Act on the other hand will now give students the right to be notified by the Board on the status of their loan application while the Kenya National Examination Council (Amendment) Act 2015 formalizes KCPE and KCSE examination fees waiver by the Government.