Kitui MPs vow to revive CDF during first session
A section of Members of Parliament from Kitui County has vowed to push for the revival of the National Government - Constituency Development Fund (NG-CDF) that was recently declared unconstitutional by the Supreme Court.
Led by Mwingi North MP Paul Nzengu, the legislators have promised to table a motion on the floor of the National Assembly to revoke the ruling during the House's first session.
Nzengu said the motion is meant to ensure locals benefit from infrastructure and bursaries, like before.
"I have been receiving phone calls from all over my constituency parents complaining that their children have been sent home for school fees," the MP lamented.
Nzengu affirmed that the CDF fund has in a big way elevated marginalised areas like Mwingi North adding that if scrapped it will have far-reaching effects.
Mwingi Central MP Gideon Mulyungi echoed Nzengu's remarks saying his constituency had realized key development projects thanks to the fund.
According to Mulyungi, most children in his area learned under trees for a lack of classrooms but with CDF, they are able to study from decent classrooms. He said removing the fund will deny such children better learning centres.
The CDF kitty was first introduced in 2003 by the Mwai Kibaki government. It has seen billions of shillings channelled to constituencies to achieve equitable development and rectify economic imbalances in Kenya.
The CDF Act stipulated that the government was to channel 2.5% of its ordinary revenue to CDF to be utilized at the Constituency level.
CDF declared illegal
However, the Supreme court recently ruled the CDF Act 2013 was unconstitutional.
The apex court ruled that the CDF Act violated the constitutional principle on the division of revenue.
The court also found that it offends the division of functions between national and county governments.
It further ruled that the Act offends the Constitutional principle on separation of powers as well as Constitutional Principle on separation of power as well as Constitutional Principles on Public Finance.
The case was heard and determined by Chief Justice Martha Koome, her deputy Philomena Mwilu, lady justice Njoki Ndung’u, Justice Ouko and Justice Smokin Wanjala.
The case had been filed at the High Court in 2013, but it later escalated to the Supreme Court after the Court of Appeal overturned the High Court’s finding.
The matter pitted two civil society groups, Institute for Social Accountability (Tisa) and the Centre for Enhancing Democracy and Good governance, against the lawmakers.
