Big win for MPs as AG Muturi okays disbursement of Sh44bn CDF funds

MPS in session

MPs take the oath of office at the National Assembly on September 8, 2022. 

Photo credit: Pool I Nation Media Group

MPs won big Thursday after Treasury agreed to disburse Sh2 billion weekly tranches of National Government Constituency Development Fund (NGCDF) after months of push-and-pull with the legislators following a Supreme Court ruling.

In all, MPs will get Sh44.289 billion in 23 weeks, with the first disbursement on December 9, 2022.

In a communication to the House, National Assembly Speaker Moses Wetang’ula said Attorney General Justin Muturi had okayed the disbursement. 

“In light of the advice from the Attorney General, the National Treasury and Economic Planning confirms that it will commence disbursement to the NG-CDF by tranches of Sh2 billion on a weekly basis with effect from December 9, 2022. They will have disbursed a total of Sh44.289 billion by the 23rd week of disbursement,” Mr Wetang’ula said.

According to Mr Wetang’ula, Mr Muturi, the former House Speaker and now the government’s chief legal advisor, had recommended the disbursement.

“The Attorney General has advised that the NG-CDF Act of 2015 technically remains in force until such express declaration is formally made by the High Court or other superior Courts as may be seized of the matter on appeal,” Mr Wetang’ula told MPs.  

The Supreme Court had, in a case filed by Wanjiru Gikonyo and other activists, ruled that the CFD Act, before its amendment to form the NGCDF, was unconstitutional.

“We agree with the reasoning adopted by the High Court to the effect that the CDF Act 2013 violates the principle of separation of powers and that the CDF Act 2013 is unconstitutional. We also agree with the reasoning of the Court of Appeal, but only to the extent that it upholds the position of the High Court,” the Supreme Court said. 

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