The Newly elected Members of the National Assembly have dismissed the verdict of the Supreme Court that the Constituency Development Fund (CDF) is illegal and unconstitutional.
The MPs claimed that the Act found illegal was the 2013 CDF and not the current National Government Constituency Development Fund (NGCDF).
Moreover, during the two-day orientation of Parliament, the legislators insisted they will ensure the fund is back on line.
Likewise, the MPs are considering putting in place a new law in the event the NGCDF is rendered unconstitutional.
Kilgoris MP-Elect and veteran politician Julius Sunkuli who was in parliament when the CDF fund was nonexistent said that the fund which was termed unconstitutional by the Supreme Court needs to be wired back.
“I hope the law can be interpreted in such a way to keep the CDF, without CDF this nation will be in problem. People are used to CDF and it has greatly positively affected the lives of the people,” said Sunkuli.
In addition, Westlands MP elect Tim Wanyonyi stated that CDF has mainstreamed development in the country.
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Moreover, Gatundu South MP elect Gabriel Kangombe faulted the move by the apex court. He noted that they will fight to ensure that the NGCDF which was still in court is in effect.
“We must follow the law and even though we have separation of powers in the three arms of government we should first agree that the work of Parliament is to legislate and the Courts should not get in the way of that,” Kangombe stated.
Nonetheless, in a judgment delivered by Chief Justice Martha Koome, the supreme court ruled that the CDF Act 2013 that allowed MPs to manage funds offended the division of the revenue and public finance law.
The ruling quashed the decision of the Court of Appeal that had initially allowed the enactment of the CDF Act 2013.
Nevertheless, the fund was established in 2003 (CDF Act 2003) to allow the state set aside at least 2.5 per cent of its ordinary revenue and channel it towards the Fund.
However, the Act was amended in 2007, to establish the National Government CDF Boards (NG-CDF)at the constituency level to replace the National Committee.
