Overturn ruling that banned CDF, MPs tell court

Members of the National assembly at Parliament./File
Members of the National assembly at Parliament./File

Parliament yesterday urged the Court of Appeal to overturn a High Court judgment that declared the Sh3.5 billion Constituency Development Fund unconstitutional.

The legislators, through lawyer Philip Njoroge, said judges Isaac Lenaola, David Majanja and Mumbi Ngugi interfered with their work.

Njoroge told appellate judges Hannah Okwengu, Erastus Githinji and GBM Kariuki the decision amounted to armtwisting MPs on legislation they should pass.

The appeal is a result of a suit filed by the Institute for Social Accountability

and the Centre for Enhancing Democracy and Good Governance, challenging the constitutionality of the CDF Act of 2013, which the civil society organisations won.

Njoroge said the CDF Act was not repealed. He said it is spelt out in the Constitution that 2.5 per cent of the national budget be set aside for constituencies.

“It was a wrong decision that the monies be channeled through the county governments,” Njoroge said.

AG Githu Muigai said the CDF complements devolved funds made available to the counties.

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