- Amending the Constitution through a parliamentary initiative is provided for under Article 256 of the Constitution.
- The NG-CDF Act 2015 came into effect exactly a year after the High Court on February 20, 2015, declared the former CDF Act illegal
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A proposal seeking to amend the Constitution to entrench the National Government Constituency Development Fund has been presented to Parliament.
In what signals the beginning of a push to revive the fund that was declared illegal, MPs have changed tack and are now seeking to reintroduce CDF through a parliamentary initiative.
Matungulu MP Stephen Mule and his Gichugu counterpart Githinji Gichimu, who are the co-sponsors, have submitted a proposal that has so far gained huge support from the members.
“I wish to inform you that I have received a legislative proposal intending to amend the Constitution to entrench certain funds, among them, NG-CDF, in the Constitution,” Speaker Speaker Moses Wetang'ula said in his communication to the House.
In complying with the new provisions as required by the High Court guidelines, the Speaker has laid down a procedure that will culminate in the proposal published into a bill.
Amending the Constitution through a proposal, he said, requires that it is accompanied by signatures of at least 50 members in support, unless sponsored by the Majority or Minority party.
According to Wetang'ula, more than 200 members have so far endorsed it by appending their signatures, allowing it to sail through to the next stage.
During the House session, the Speaker said he is going to accord the two lawmakers an opportunity to make statements outlining the contents and objectives of the proposal.
“I will accord them an opportunity of not more than 20 minutes each to make their statements on the proposal,” Wetang'ula said.
During the same sitting, members will be allowed to make their general contributions to mark the initial stage of collation of members’ views as required.
The Speaker will then refer the matter to the Select Committee on NG-CDF, or issue other directions in view of the comments that will be made by the members.
“Hon Members, this new procedure is informed by the recent decision of the High Court that a bill proposing to amend the Constitution cannot be amended once it is published,” he said.
“As such, the new procedure is aimed at collating as many views as possible from as many stakeholders and experts as may be practicable before a proposal to amend the Constitution is published into a bill.”
In August, the Supreme Court upheld the High Court ruling in 2015 that declared the 2013 CDF Act unconstitutional.
The court held that allowing MPs to manage the funds is against the Division of Revenue and Public Finance law.
The Speaker has so far expressed his commitment to facilitate the process.
He said the proposal has complied with the new provision as required by the law by obtaining at least 50 signatures of members in support.
Amending the Constitution through a parliamentary initiative is provided for under Article 256 of the Constitution, and actualised through Standing Order 114 (7A).
There has been much clamour among the legislators over the fund, with many arguing it was used to benefit common Kenyans and not MPs as perceived by critics.
The NG-CDF Act 2015 came into effect exactly a year after the High Court on February 20, 2015, declared the former CDF Act unconstitutional.
(edited by Amol Awuor)