NAIROBI, Kenya, Dec 1 – Members of Parliament will be smiling as they head for a two-month recess after the National Treasury committed to disburse the National Government Constituency Development Fund (NG-CDF) commencing December 9.
In the total allocation of Sh44.2 billion for the financial year 2022/2023, the funds are set to be disbursed on a weekly basis, with the constituency set to receive a total of Sh 2billion on a weekly business.
Former National Treasury Cabinet Secretary Ukur Yattani had declined to disburse the funds after the Supreme Court declared the CDF Act of 2013 unconstitutional.
President William Ruto administration further halted the disbursement saying that they were seeking an advisory opinion for the Attorney General Justin Muturi on the matter.
“The Attorney General has advised that the NGCDF act of 2015 technically remains in force until a declaration is made by the High Court or any other superior court. The National Treasury has confirmed that it will commence the CDF disbursement by a tangent of Sh 2B on a weekly basis,” said Speaker Moses Wetangula.
Minority Leader Opiyo Wandayi pointed out that the Executive had derailed the disbursement of the funds to the constituencies on no basis as there was nothing in the law hindering the exchequer to distribute the funds.
“At least sense has prevailed from the National Treasury because we told them all along that there’s nothing whatsoever that is unconstitutional in the NGCDF Act 2015.We appreciate that now they have seen the sense,” said Wandayi.
Gatundu MP Edward Muriu lauded the move by the National Treasury to commit disbursement of the funds at a time when students were depending on bursaries to join school in January.
“We are happy that we will be going on recess knowing that the CDF has been disbursed and that our children in January will go back to school with bursaries,” said Muriu
Members of Parliament had threatened to boycott house business if the National Treasury will not disburse the National Government Constituency Development Funds.
NG-CDF kitty is meant for community development projects under the functions of the national government. This includes schools and security-related projects such as infrastructure needs as well as education bursaries.
The CDF has been popular with MPs as they use taxpayer funds to initiate development projects which ultimately woo them to voters during their five-term tenure and campaigns.
In a judgment delivered by Chief Justice Martha Koome, the apex court ruled that the CDF Act 2013 that allowed Members of Parliament to manage funds offended the division of the revenue and public finance law.
The ruling quashed the Court of Appeal’s decision that had initially allowed the enactment of the CDF Act 2013.
“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,” the order read.
CDF was established in 2003 (CDF Act 2003) to enable the government to set aside at least 2.5 per cent of its ordinary revenue and channel it towards the Fund.
This was amended in 2007, to establish the National Government CDF Boards (NG-CDF)at the constituency level to replace the National Committee.
Under the amendment, CDF Committees were established with respective MPs being tasked as the patrons. The CDF Act 2013, however, repealed the 2007 Act, essentially giving powers to MPs an avenue to implement projects funded by the public.
