A showdown is looming between Members of Parliament and the Supreme Court over the legality of the Constituency Development Fund (CDF) after the kitty was annulled on Monday, August 8.
During the Senate Induction Workshop on Wednesday, September 21, Chief Justice Martha Koome emphasized that the CDF violates the division of functions between the county and national government.
"The CDF offends the division of functions between the county and national govt. To allow a CDF an instrumentality of the national govt to undertake functions devolved to the county.
This clearly underscored the separation of power and that delivery of service is devolved to the county and the constituencies in the county," she declared.
In her pre-recorded message to senators, the CJ added it was unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments.
On the issue Council of Governor's Chairperson and Kirinyaga governor Anne Waiguru stated that the two CDF Acts conflicted.
"There are two conflicting laws. This matter can be resolved by the apex court and also the legislator and esp between the senate and the national assembly," she remarked.
CDF was declared unconstitutional by the apex court quashing a decision from the Court of Appeal that initially paved way for the enactment of the CDF Act 2013.
"A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional. Each party to bear their own costs," read the judgment in parts.
However, President William Ruto had earlier assured MPs that the CDF would not be scrapped noting that he understood the importance of the funds.
"I know we believe the rule of law, the legislation that was taken to court is old. It is not the legislation that currently is the basis on which CDF is going on," Ruto told MPs after his win was upheld by the Supreme Court.
