MPs rallying to have the outlawed CDF entrenched in the Constitution
MPs rallying to have the outlawed CDF (National Government-Constituency Development Fund) entrenched in the Constitution.
After the National Government-Constituency Development Fund (NG-CDF) was ruled unlawful by the Supreme Court, members of the National Assembly fought tenaciously to have it incorporated into the Constitution.
This occurred as MPs were debating a bill introduced by Gichugu MP Gichimu Githinji and Matungulu MP Stephen Mule that would modify the Constitution to create the National Government Affirmative Action Fund (NGAAF), Senate Oversight Fund (SOF), and Economic Stimulus and Empowerment Fund.
However, the majority of MPs favor dividing the revenues through several Constitutional Amendment Bills.
The NG-CDF Board has distributed approximately Sh417.27 billion to constituencies to carry out development projects since the NG-CDF was introduced at least 18 years ago by 2021/2022.
The allocation has been increasing consistently, from Sh1.3 billion in the 2003/04 financial year to Sh44.29 billion in 2022/23.
Part of the proposal is to increase allocation to the NG-CDF kitty from 2.5 percent of national revenue to five percent.
If approved for publication, parliament will be seeking to amend the Constitution to entrench NG-CDF and the other funds through the parliamentary initiative.
The National Treasury is yet to release the NG-CDF funds following the Supreme Court ruling that found the fund unconstitutional.
The MPs, however, have been quick to point out that the court’s decision only applied to the law from 2013 and that they later revised it in 2015 to form the NG-CDF law in compliance with the court’s decision.
The 2015 law’s constitutionality has also been contested in court.
In addition to pleading with them to maintain its protection, Mr. Mule read to the House some of the NG-success CDF’s stories.
The Matungulu MP highlighted that over the previous five years, at least Sh57 billion had been given out in bursaries that would have helped at least six million students.
Mr. Otiende Amolo, a Rarieda MP and a member of the expert committee that drafted the 2010 Constitution, asked Mr. Mule and Mr. Githinji to consult widely before making any decisions.
“Because it will be difficult to amend the Bill once published, I request that you consult the Office of the Attorney-General, Kenya Law Reform, among others,” said Mr. Amolo.
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