CJ Martha Koome on why CDF is illegal
Chief Justice Martha
Koome has revealed the reasons why the Supreme Court declared the
Constituency Development Fund (CDF) illegal.
The CJ, through a
Recorded Televised Address to Senators attending an induction retreat in
Naivasha, stated that the kitty offends the division of functions between national
and county governments.
CJ Koome, who was one
of the speakers at the retreat on Wednesday, called upon senators to play an
authoritative role in protecting their constitutional mandate of oversight over
Koome used the opportunity to reveal that it
was for the same reason that the Supreme Court declared CDF illegal.
"More recently in the CDF Case (2022), the Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments," said the CJ.
"In addition, it was the position of the Court that it
offends the division of functions between national and county governments to
allow the CDF, an instrumentality of the national government, to undertake functions
devolved to the counties."
Although CDF is null
and void, the MPs are now banking on the National Government Constituency
Development Fund (NGCDF), which according to the fund's Chief Executive Yussuf
Mbuno will now use a new formula that will benefit populous constituencies and
areas which are sparsely populated.
The Chief Justice at
the same time termed devolution a constitutional project which must be
protected at all costs.
serve a protective role by guarding the institutions established to engender
the project of devolution of governance. The Courts have been the foremost
defenders of devolution. In every instance when devolution has been threatened,
the courts and specifically the Supreme Court has stepped in to defend the
spirit of devolution," she said.
Other than the CJ’s input, Senators were also enlightened on
Inter-Governmental relations with the Executive, with addresses from representatives
of the Office of the Attorney General, Auditor General and the Council of
Newly elected Council
of Governors (CoG) chairperson Anne Waiguru weighed in to underscore the need to adhere
to the six-judge bench ruling.
"The CDF is a
delicate issue which can only be interpreted by the Supreme Court,"
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