Tuesday, September 27, 2022

CDF is illegal, Supreme Court declares

The Supreme Court of Kenya has declared that the Constituency Development Fund is illegal and violates various provisions of the law.

The five bench judge that was led by chief justice Martha Koome ruled that the National Government Constituency Development Fund (NGCDF) ruling that the Act, which was enacted in 2013 and changed in 2015, is unconstitutional.

“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.”

Millions Diamond was paid per minute to perform for Raila

The top court ruled that a fund directed at service delivery mandate can only be constitutionally complaint if structured in a manner that does not entangle members of Legislative bodies and Legislative bodies in the discharge of the service delivery mandate however symbolic.

This case was heard and determined by Chief Justice Martha Koome, DCJ Philomena Mwilu, lady justice Njoki Ndung’u, Justice Ouko and Justice 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 Parliament.

 

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