MPs Will Lose Seats Over CDF Saga - Raila Ally Warns

  • Azimio members led by minority leader Opiyo Wandayi pose for a photo after being cleared to vie for EALA on November 9, 2022
    Azimio members led by minority leader Opiyo Wandayi pose for a photo after being cleared to vie for EALA on November 9, 2022
    The Standard
  • Ugunja MP Opiyo Wandayi on Thursday, December 1, alluded that 90 % of members of parliament risk going home if they do not get access to the National Government Constituency Development Fund (NG-CDF), which was suspended by the Supreme Court as constitutional.

    The lawmaker pleaded with other MPs not to leave for recess without ensuring that the monies hit their accounts by today.

    “Members will come back and thank me if we continue treating this matter in a casual way, this issue has the potential of sending us home come 2027, we all know how NG-CDF is instrumental in making us come back here a number of times,” he revealed.

    "If members make the mistake of leaving this house for recess without getting to know when the monies are hitting the constituency's bank accounts, then you are dead and buried,"  he added.

    Kikuyu MP Kimani Ichungwa during the Universities (Amendment) Bill debate in Parliament on Thursday, February 17, 2022.
    Kikuyu MP Kimani Ichung'wah during the Universities (Amendment) Bill debate in Parliament on Thursday, February 17, 2022.
    Courtesy

    MPs are rushing against time to have monies meant for the National Government Constituency Development Fund released to constituencies before the end of the year.

    MPs drawn from across the divide are all in agreement that without the funds from the National Treasury, they are doomed since it will be a tall order to be re-elected in 2027.

    During a house debate on November 23, 2022, Leader of the Majority Ichung'wah revealed that he was afraid of going into his Kikuyu office following the declaration of CDF as illegal. 

    Speaking in Parliament, the MP stated that about 105 members of his constituency camp at his office looking for bursaries. 

    "I am afraid of stepping into my constituency office in Kikuyu. Every Monday, out of about 120 to 150 people, who patronise that office, 105 are looking for bursaries. I do not have the funds," he asserted.

    The contested fund was on August 2022, declared unconstitutional and illegal by the Supreme Court.

    In its verdict, the country’s highest court found that the law allowing MPs to manage funds offends the division of revenue and public finance law.

    “A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional,” the verdict given by the five-judge bench read in part.

    “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 case was heard and determined by Chief Justice Martha Koome, DCJ Philomena Mwilu, Lady Justice Njoki Ndung’u, Justice Ouko and Justice Wanjala.

    National Assembly Speaker Moses Wetangula, Senate Speaker Amason Kingi and Chief Justice Martha Koome outside Parliamnet buildings on Thursday, September 29, 2022
    National Assembly Speaker Moses Wetangula, Senate Speaker Amason Kingi, and Chief Justice Martha Koome outside Parliament buildings on Thursday, September 29, 2022.
    Kenyans.co.ke
    dead illegal