Newly Elected MPs Vow to Push for a Revival of CDF Kitty

Newly elected MPs have vowed to push for the return of the Constituency Development Fund (CDF) once they assume office.

This is after the Supreme Court early this month declared the National Government Constituency Development Fund (NGCDF) Act unconstitutional.

A five-judge bench comprising Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Smokin Wanjala, Njoki Ndung’u and William Ouko said the NGCDF Act which was enacted in 2013 and amended in 2015 violates the principle of separation of powers.

“A fund directed at service delivery mandate can only be constitutionally compliant if structured in a manner that does not entangle members of Legislative bodies in the discharge of the service delivery mandate however symbolic,” the judges noted.

They further found that the law setting up the fund was faulty, and allowing Members of Parliament (MPs) to manage funds offends division of revenue and public finance law.

“The CDF Act 2013 offends the division of functions between the national and county governments, offends the constitutional principles on the division of revenues, public finances and separation of powers,” the judges ruled.

The judges further upheld the decision of the High Court that the constitution was violated by the failure to involve the Senate when the law was amended.

A section of MPs led by Tim Wanyonyi (Westlands) have vowed to push for its revival, arguing that CDF helped in initiating development projects in the constituencies.

Kwanza MP-elect Ferdinand Wanyonyi says they will be forced to go to court to bring the CDF back.

Each of the 290 constituencies receives a CDF kitty of at least Sh100 million annually which is used by MPs to initiate community development projects including roads, schools, health centres, and water projects.