Supreme Court declares CDF unconstitutional

by Wakili Liam

The Supreme Court has on Monday declared National Government Constituency Development Fund (NG-CDF) unconstitutional.

“…and its interpretation that the CDF amounted to an inter-governmental transfer of functions. We have also reversed the Court of Appeal on its findings on the issue of CDF and division of revenue, and have restored the finding of the High Court, that the CDF Act 2013 violates the constitutional principle on the division of revenue’, the supreme court judgment read in part.

The petition to have CDF suspended for conflicting ‘separation of powers.

Each constituency receives at least Sh100 million every year and the legislators have used the kitty for community development projects.

Having fully considered all the issues delineated by this Court for determination as above, we find as follows:

  1. The appeal before the Court of Appeal was not moot.
  2. The CDF Act 2013, as amended by the CDF (Amendment) Act, 2013 is unconstitutional on account of procedural lapses for failing to involve the Senate in its enactment.
  3. The CDF Act 2513 does not offend the constitutional design.
  4. The CDF Act 2013 offends the division of functions between the national and county governments.
  5. The CDF Act 2013 offends constitutional principles on the division of revenue.
  6. The CDF Act 2013 offends constitutional principles on public finance.
  7. The CDF Act 2013 offends the constitutional principle of separation of powers.

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