Leaders defend CDF as Parliament moves to appeal ruling

Leaders have defended National Government Constituency Development Fund even as Parliament moves to appeal a ruling declaring it unconstitutional.

A three-judge bench found the fund unconstitutional.

In their decision, Justices Kanyi Kimondo, Roselyn Aburili and Mugure Thande also gave the current NG-CDF a gross period of one year and eight months which will lapse on June 26, 2026, when the fund will cease to exist.

During the period, all pending NG-CDF projects should be completed.

The National Assembly legal team has indicated it will move to the  Court of Appeal to overturn the ruling, which threatens to bring to an end the multibillion-shilling kitty.

The legal team has requested for a copy of the judgment and court proceedings.

The fund has a bursary component for needy students in secondary schools, colleges and universities.

Uriri MP Mark Nyamita told the Star the ruling does not reflect the amendments to the NG-CDF Act, which removes the kitty from MPs.

"We only help in identifying the priority projects based on the community needs. That said, we will fix this thing once and for all by entrenching the same in the constitution within the next two years," Nyamita said.

"The fund is here to stay."

Homa Bay Governor Gladys Wanga termed the verdict a huge loss to millions of Kenyans served by the fund.

Wanga, a former lawmaker, said the fund has for years ensured that development reaches all corners of the country warning of marginalisation should the nullification stand.

“Some will argue that these funds should come through counties, the sad truth is the functions of NG-CDF are not devolved therefore the Sh40 billion will revert to the national government to be distributed on discretionary terms depending on whether you are a shareholder or not,” she said.

Malava MP Malulu Injendi also defended CDF terming it a game changer that transformed the face of schools.

He said the push to scrap the fund is ill-informed and a decision that will be regretted by millions of Kenyans.

“Some people are calling for scrapping of CDF and MPs not to have bursary, if you support such a thing one day you will regret,” Injendi said.

“When CDF was not there you can remember how bad our schools were, if you support removal of CDF you will be the ones to cry.”

In the appeal, the National Assembly intends to challenge all the findings of the High Court with regard to the constitutionality of the NG-CDF Act, 2015.

The National Assembly will also apply for the stay of the declaration of the unconstitutionality of the NG-CDF Act, pending the hearing and determination of the intended appeal.

The petition was filed in 2016 by Wanjiru Gikonyo and Cornelius Opuot among other petitioners, challenging the legality of the NG-CDF Act 2015.

The grounds includes that the fund violates the principles of public finance and alleged breach of the doctrine of separation of powers.