Fresh row erupts over new CDF law

A storm is brewing once again over the new Constituency Development Fund (CDF) law that was passed late last year following an earlier court decision that termed the previous law as unconstitutional.

Led by the CDF Chair Moses Lessonet, a section of legislators  have accused the non-governmental organizations that have petitioned against the new law of frustrating CDF projects and furthering the agenda of county governments who are seeking more money for their kitty.

On February 2015, a three-judge bench of the High Court ruled that the CDF act of 2013 was unconstitutional.

The court further gave the legislators 12 months to review the law.

The members of parliament were agitated and swiftly swung to action to salvage a fund that has so far has seen Ksh172 billion shillings sent to constituencies for the last 13 years.

Even though MPs reviewed the law leading to assenting of a new Act in December 2015, the move by The Institute of Social Accountability (TISA), an NGO, to return to court on similar grounds has rubbed the MPs the wrong way.

In the petition, the applicants say that MPs only glossed over the issues raised by the court in February last year, and that now they seek to have the new law scrapped as it creates a third level of government against the constitution.

The Council of Governors, which had previously argued that the CDF kitty was sponsoring programmes at the local level, that fall under county governments’ mandate, has asked to be enjoined in the new suit.

MPs, however, insist that theirs is to sponsor programmes that fall under the national government and therefore the wording of the new law as: National Government Constituency Development Fund.

The case is likely to drag for months, as the High Court seeks to fairly determine the constitutionality of the new law.