Counties
CDF is Unconstitutional Supreme Court Rules
The county’s most powerful court has sealed the fate of the National Government Constituency Development Fund (NGCDF) ruling that the Act, which was enacted in 2013 and changed in 2015, is unconstitutional.
Leading a bench of five judges, Chief Justice Martha Koome ruled that the CDF Act violates the principle of separation of powers, hence is unconstitutional.
Constitutionally each constituency receives at least Sh100 million every year and the legislators have used the kitty for community development projects.
“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,” the bench of five said.
The bench included Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, Justice Smokin Wanjala, Justice Njoki Ndung’u and Justice William Ouko.
