A battle looms between the Supreme Court and the Members of Parliament over the illegality or legality of the Constituency Development Fund (CDF) following its annulling on Monday, August 8, by the Apex Court.
Chief Justice Martha Koome while speaking to the Senators, revealed that the allocation of funds to CDF was unconstitutional, especially before the division of revenue amongst the national and county governments.
The rift commenced during the senate induction workshop this Wednesday, September 21, when the Chief Justice pointed out CDF as a violator of the division in functions between the County and National government.
“The CDF offends the division of functions between the county and national govt. To allow a CDF an instrumentality of the national government to undertake functions devolved to the county. This clearly underscored the separation of power and that delivery of service is devolved to the county and the constituencies in the county,” she declared.
The CDF question has lingered in minds of several leaders within as the President had also assured the MPs about CDF not being scrapped off considering its essential role.
“I know we believe the rule of law, the legislation that was taken to court is old. It is not the legislation that currently is the basis on which CDF is going on,” Ruto told MPs after his win.
The Head of Apex Court however emphasized that the CDF was declared unconstitutional quashing a decision from the Court of Appeal that initially paved way for the enactment of the CDF Act 2013.
“A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional. Each party to bear their own costs,” read the judgment statement.