High Court declares CDF illegal
What you need to know:
- Legislators told to correct the law within 12 months.
- Constitution violated by failure to involve Senate when law setting up fund was amended, say judges.
The Constituency Development Fund was on Friday declared illegal.
High Court judges Isaac Lenaola, Mumbi Ngugi and David Majanja said the law setting up the fund was faulty.
They said the Constitution had been violated by failure to involve the Senate when the law was amended two years ago. The fund was set up 12 years ago.
The judges called on lawmakers to correct the defective legislation within 12 months.
In essence, money set aside this year for the fund should not be given out until Parliament amends the law.
Elias Mbau, a member of the CDF Board, said the fund had been allocated Sh34 billion this financial year out of which 94 per cent was for development. The amount is equal to 25 per cent of the national budget.
The judges said the involvement of MPs and senators in the fund’s administration threatens to violate the division of functions between the national and county governments.
They said it was unconstitutional for the national government to extend its mandate to counties.
“MPs and Cabinet Secretaries involved in the management of the fund constitute the executive and legislative organs of the national government,” they ruled.
The involvement of MPs in the counties’ development agenda is wrong and undermines county governments, they added.
HAD GONE TO COURT
The Institute for Social Accountability had gone to court after the law was passed in August 2013. They wanted the it declared unlawful.
At the same time, National Assembly Speaker Justin Muturi on Friday said Parliament will align the fund to the law.
He said Parliament will use the 12-month grace period to do so.
Mr Muturi said the fund does not interfere with devolution.
