NAIROBI, Kenya, Jun 21 – The High Court has been urged to dismiss a petition by a group of Non-Governmental Organisations contesting the legality of the new National Government Constituency Development Fund (NGCDF) Act.
The National Assembly, Senate and Attorney-General want justice Joseph Onguto to throw out the case on grounds that it is incompetent.
State Counsel Mwangi Njoroge told Justice Onguto that the National Government Constituency Development Fund (NGCDF) is nationwide and benefits a lot of people across the country.
If the orders sought by the petitioners are granted, justice Onguto heard there is a high probability that socio-economic rights of the public will be violated.
Eldama Ravine MP Moses Lessonet in a sworn affidavit says intention of NGCDF is to achieve goals set out in the Constitution.
“No prejudice will be suffered if the court declines to grant orders sought by the petitioners,” states the MP.
The petitioners are seeking to have NGCDF declared null and void on grounds that it creates a third level of government not contemplated in the Constitution.
MPs passed the NGCDF Act last year and made it a new organ of the National Government after the court ruled that only counties are mandated to undertake development at the local level.