Anchor CDF in the law
What you need to know:
- A five-judge bench led by Chief Justice Martha Koome ruled that the NG-CDF Act, 2013 offends the constitutional principle of separation of powers.
- It is noteworthy that, even after the fund was restructured, lawmakers have continued to use it for political patronage.
- It is rightly noted that local projects should be left to the county governments and local committees.
The Supreme Court has nullified the National Government Constituency Development Fund (NG-CDF) Act, 2013.
A five-judge bench led by Chief Justice Martha Koome ruled that the Act offends the constitutional principle of separation of powers.
The apex court held that the role of Members of the National Assembly (MPs) is constitutionally limited to making laws, ensuring the Executive arm discharges its duties prudently and representing the people.
The judges further argued that the local projects that MPs run through NG-CDF are unconstitutional to the extent that the 2010 Constitution vests powers for execution of such programmes in the devolved units.
Indeed, after the current Constitution was promulgated, there were calls for the scrapping of CDF.
The argument back then was that it put MPs in a conflicted position, where they were doing both executive and legislative work despite a clear delineation of the roles of the Judiciary, Legislature and the Executive in the then new Constitution.
Political patronage
It is noteworthy that, even after the fund was restructured, lawmakers have continued to use it for political patronage.
The court also expounded on the meaning of constituencies as “a form of territorial districting that defines how voters are grouped...and are not conceptually envisaged to be service delivery units”.
It is rightly noted that local projects should be left to the county governments and local committees.
This would give the legislators ample time to concentrate on checking the excesses of the Executive through House committees, representing their constituents and making laws.
The judgment is also a wake-up call for the National Assembly to be involving the Senate in all matters relating to the counties.
That said, the great impact of NG-CDF across the country cannot be gainsaid.
There is, therefore, a need to move fast and anchor the good work actualised through the kitty in law as a delay will cause a break in development and service to citizens.
