CJ Koome maintains CDF which was ruled unconstitutional by the Supreme Court is still illegal as MPs retain the fund in a different format
The National Government Constituency Development Fund (NG-CDF) has been retained, but it will now operate under a revised formula that will favor both densely inhabited and less populated areas.
The chief executive of the fund, Yussuf Mbuno, announced on Tuesday that the various constituencies will now receive different sums in NGCDF, in contrast to the previous financial year, when all constituencies received an equal proportion.
A nine-year legal struggle between Members of Parliament and civil society organizations was finally resolved when the Supreme Court ruled that the Constituency Development Fund was illegitimate and unconstitutional.
However, according to Mbuno, there has been a miscommunication between the CDF and the NG-CDF since the ruling.
“What the court ruled upon was the CDF Act 2013. The NG-CDF is based on the 2015 Act and was not affected by the Supreme Court ruling although there is still a court case that is coming for hearing,” Mbuno said.
During MP’s induction in Nairobi, it was decided that each of the 290 constituencies will henceforth receive 75 percent of the funds as an equitable share but the remaining 25 percent will be shared based on the number of wards.
The money will also be disbursed by a committee set up by the NGCDF Board in each constituency.
However, CJ Koome has maintained that the CDF Fund remains illegitimate and unconstitutional.
Koome was speaking during the ongoing Senate induction retreat in Naivasha Wednesday.
“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. It was the position of the Court that it offended 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.’’