Duale Reveals Plan to Overturn Supreme Court Decision & Bring Back CDF

Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022
Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022
Aden Duale

Garissa Township MP-elect, Aden Duale, revealed that there are plans to bring back the National Government Constituency Development Fund (NG-CDF) after it was ruled unlawful by the Supreme Court of Kenya.

Duale is among the lawmakers who will be joining the 13th Parliament from the 12th Parliament, becoming among the longest serving ones. In his argument, Duale stated that NG-CDF was critical in the development of the constituencies.

According to a report by The Standard, the newly elected MPs have already started reaching out to each other regardless of their political affiliation to salvage the NG-CDF.

Duale opined that NG-CDF is crucial for MPs, confirming that dialogues are going on about what will be done to rescue the fund.

How canceled special sitting could cost Kenyans
Members of Parliament during a session in the 12th Parliament.
KBC

“There is no Parliament without CDF,” Duale stated. 

His sentiments were echoed by Kandara MP-elect, Alice Wahome, who noted that the National Assembly will have no option but defend the fund.

She argued that as Legislators, they have done their best to protect the kitty.

“NG-CDF is a public entity with resources meant for the taxpayers which the parliamentarians have to protect,” Wahome stated.

MPs are planning a meeting with the Executive to examine how the fund can be protected and allowed to operate.

This move comes days after a judgment delivered by the apex court led by Chief Justice Martha Koome. The Supreme Court ruled that the CDF Act 2013 that allowed MPs to manage funds offended the division of the revenue and public finance law. 

The ruling quashed the Court of Appeal's decision that had initially allowed the enactment of the CDF Act 2013.

CDF was established in 2003 (CDF Act 2003) to enable the government to set aside at least 2.5 per cent of its ordinary revenue and channel it towards the Fund.

This was amended in 2007 to establish the National Government CDF Boards (NG-CDF)at the constituency level to replace the National Committee.

Under the amendment, CDF Committees were established with respective MPs being tasked as the patrons. The CDF Act 2013, however, repealed the 2007 Act, essentially giving powers to MPs an avenue to implement projects funded by the public.

The Act was challenged by two petitioners, The Institute for Social Accountability (TISA) and the Centre for Enhancing Democracy and Good Governance (CEDGG).

Lady Justice Martha Koome while she delivered judgments and rulings of the Court of Appeal via Skype on April 24, 2020.
Lady Justice Martha Koome while she delivered judgments and rulings of the Court of Appeal via Skype on April 24, 2020.
File