The fight to regain the National Constituency Development Fund NG-CDF formally CDF is now on as three members of parliament table on the proposal to amend the constitution.
This comes after the supreme court said the NG-CDF as unconstitutional, giving a plot to the national assembly.
The legislative proposal fronted by the Marungulu MP Stephen mule and his Gishu counterpart Robert Gishumu seek to use a parliamentary initiative to introduce the first amendment in the constitution that will require two third support from both the national assembly and the senate.
The law makers saying the CDF fund has been a key play to the distribution of resources across the country.
The bill is also set for the senators oversight fund, the national government affirmative fund for women reps and economic empowerment fund. After the first reading Kenyans will be allowed 90 days to send their views through public participation. After the second and third reading stage the approval of more than two thirds of MPs will be sent to the president to become a law.
The chief justice Martha Koome said that the CDF fund is illegal and was wasting the governments money, and that the national treasure will not fund any money to go the constituency saying with this it can reduce corruption in the country, and that MPs use the fund for their own good.
“More recently in the CDF case (2022), the supreme court held that it is unconstitutional to allocate funds to the cdf before the division of revenue between the national and county governments,” said the cj Martha Koome.
“In addition, it was the position of the court that it offends the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties.”
Although CDF is null and void, the MPs are now banking on the national government constituency development fund (NGCDF), which according to the fund’s chief executive Yussuf Mbuno will now use a new formula that will benefit populous constituencies and areas which are sparsely populated.
“The courts serve a protective role by guarding the institutions established to engender the project of devolution of governance. The courts have been the foremost defenders of devolution. In every instance when devolution has been threatened, the courts and specifically the supreme court has stepped in to defend the spirit of devolution,” she said.
By Faith Njerwe