New CDF law didn’t require Senate input as it deals only with non-devolved functions, board says

The Constituencies Development Fund Board has said it is not worried by threats by senators to challenge the new CDF law in court saying they did not have a role on projects in the 290 units.

The Board said the new law that was signed by President Kenyatta last week only dealt with non-devolved functions and therefore did not require input from senators.

Senators have cried foul over the failure to present the Bill to their House before it was taken for assent by the President.

The High Court annulled the old CDF law last March saying the Senate had not been involved in its making in 2013.

However, the board’s chairman Elias Mbau said the new law was clear that it would be used to finance activities that are under the national government.

“In the Bill’s memorandum of reasons we explained well that we were responding to the challenge that came from the courts. We wanted to ensure that the mandate of the fund was restricted to national government functions,” he said.

Addressing journalists from the Board’s offices at Harambee Sacco Plaza in Nairobi, Mr Mbau said it was not right for the senators to try to frustrate the new piece of legislation.

NO ROLE TO PLAY

“The new law has nothing to do with county governments and therefore the Senate has no role to play. The President was well advised in signing the law,” he added.

When he signed it, the President praised the new Act saying “it provides for ways to supplement infrastructure development at the constituencies on matters falling within the functions of the national government.”

The Board Acting Chief Executive Officer Yusuf Mbuno said the fund had been traditionally used to cater for education and security, both functions that still remain with the national government.

“Since inception, 50 per cent of CDF monies have been going to education which is not a devolved function. Nothing much is going to change because even from the beginning the priorities that have come from wananchi have been focusing on national functions,” said Mr Mbuno.

Senators argue that even if it deals with functions that do not touch on the devolved units, the fund is being used directly in constituencies which are in counties and therefore the need for their say.

BEST PERFORMERS

The board also gave a list of constituencies they said had performed well in the use of CDF this year.

Kibra in Nairobi was placed top of the 290 constituencies, followed by Kasipul in Homa Bay and Kabuchai in Bungoma.

Regionally, Garissa Township, whose MP is National Assembly Majority Leader Aden Duale was placed top in northeastern, Rongai came first in South Rift and Kapseret in North Rift.

In western Kenya, Kabuchai was first and in eastern region, Kitui Central was top. In the coast, Rabai Constituency topped while in central, Githunguri led.

Mr Mbau said they did not have a list of the least performing constituencies saying they were still compiling one which would be released later.

Pressed further, he said the board did not want to focus on the non-performers but on those that had used their money well.

“We always conduct performance appraisals of how the money has been used by the constituencies. We went round the country and met the CDF committees in all the 290 constituencies. We assessed them on their efficiency in service delivery to wananchi,” said Mr Mbau.