Supreme Court of Kenya renders CDF Act unconstitutional

The Supreme Court of Kenya on Monday, August 8 declared the Constituency Development Fund (CDF) illegal & unconstitutional

In a judgement delivered by Chief Justice Martha Koome, the apex court ruled that the CDF Act 2013 that allowed Members of Parliament to manage funds offended the division of the revenue and public finance law. 

The court ruled that allowing MPs to manage the funds is against the Division of Revenue and Public Finance law.

“A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional. Ruled the court

The ruling further said that the CDF Act of 2013 offends the division of functions between the national and county governments.

The CDF was established in 2003 to enable the government to set aside at least 2.5 per cent of its ordinary revenue and channel it towards the fund in a bid to utilize it at the constituency level.

This was amended in 2007, to establish the National CDF Boards at the constituency level to replace the national committee.

Under the amendment, CDF committees were established with respective MPs being tasked as the patrons. The CDF Act 2013, however, repealed the 2007 Act, essentially tasking MPs to implement projects funded by the public.

The Act was challenged by two petitioners, The Institute for Social Accountability (TISA) and the Centre for Enhancing Democracy and Good Governance (CEDGG). 

They argued that the powers given to the legislators were constitutionally mandated to the Executive.