Furious over constituency fund, MPs threaten to reject Budget

MPs on Tuesday threatened to scuttle the budget estimates’ approval, in protest against a case challenging the legality of the constituency fund.

Debate was adjourned for two-and-a-half hours for MPs to discuss the implications of the case against the National Government Constituency Development Fund.

They said it threatened a fund that had helped bring development projects to the grassroots, with some of the MPs shouting “no CDF no Budget”.

Deputy Speaker Joyce Laboso, who had a hard time moderating debate due to the noisy protests, allowed the House to adjourn and debate in camera the implications of the case filed by an NGO.

“I order that the House adjourns for one-and-a-half hours to allow members to ventilate on this issue which is quite emotive,” she directed.

This is the second time the fund is being challenged in court. In the previous case, the High Court allowed MPs 12 months to align the kitty with the Constitution, which they did.

However, an NGO, The Institute of Social Accountability, went to court challenging the constitutionality of the new Act, which had its name changed to National CDF, arguing it was worse than the previous fund and was unconstitutional, a matter still pending in court.

On Tuesday, MPs refused to debate the Budget, until a solution to the CDF stalemate is found.

DEBADE ADJOURNED

Nairobi woman representative Rachael Shebesh suggested the debate on the budget be adjourned to another day, saying MPs were likely to shoot it down, given the acrimonious mood in the House.

Amid the noise, Dr Laboso acceded to demands by MPs that the issue be discussed.

(READ: MPs should not manage Equalisation Fund)

Nominated MP Johnson Sakaja suggested that the House adjourns to discuss the “emotive issue” which was welcomed by the MPs.

Attempts by Budget and Appropriations committee chairman Mutava Musyimi to present the formula used to allocate funds to the counties, were drowned out by the noise.

Kipipiri MP Samuel Gichigi had earlier tried to urge his colleagues not to debate the case as it would be sub judice, and urged them to call for a “kamukunji” to discuss it, which they rejected.

Minority Leader Francis Nyenze said the fund had transformed the country, with several projects initiated, and said any threat to the fund would be a loss to the country.

Kisumu East MP Shakeel Shabir had drawn the attention of the MPs to the ongoing court challenge and its implication as MPs debated an increase of Sh1 billion to the fund in the allocation for 2016/2017.

Leader of Majority Aden Duale had also earlier urged MPs to approve the Budget first, saying MPs’ salaries were part of the Budget. He wondered why MPs wanted to debate the court case, yet they had not approved the funds, which they said were now under threat.