- The ad hoc committee comprises 13 senators and 13 members of the National Assembly.
- Senate Majority Whip Boni Khalwale asked the committee to fast-track the hearings and come up with a bill as many CDF-funded projects had stuck.
Image: HANDOUT
MPs are set to amend the constitution through a parliamentary process to entrench the CDF that was declared unconstitutional by the Supreme Court.
The lawmakers from the bicameral Parliament have put aside their sibling rivalries and formed a joint a committee to formulate the constitutional amendment bill.
In what mirrors the collapsed Building Bridges Initiative that sought to include the CDF in the constitution; the 26-member team comprises top lawyers who will seek public views and draft the bill.
The legislators are seeking to entrench the National Government Affirmative Action Fund, the Senate Oversight Fund and the Economic Stimulus and Empowerment Fund.
“The committee [shall] report to the Houses of Parliament within 90 days to enable the Speakers to decide and give direction on whether or not the legislative proposal is to be published into a bill or not to be proceeded with,” the motion establishing the team states.
The ad hoc committee comprises 13 senators and 13 members of the National Assembly.
They are senators Hillary Kiprotich Sigei (Bomet), Raphael Chimera (nominated), Veronica Nduati (nominated), Samson Kiprotich Cherargei (Nandi), William Cheptumo (Baringo) and Danson Mungatana (Tana River)
Others are Fatuma Dullo (Isiolo), Hamida Kibwana (nominated), Andrew Omtatah (Busia), Catherine Mumma (nominated), Okongó Mogeni (Nyamira), Karungo Thangwa (Kiambu) and Tom Ojienda (Kisumu).
Those from the National Assembly include Samuel Chepkonga (Ainabkoi), Rebecca Tonkei (Narok Woman Representative), Eckomas Mutuse (Kibwezi West), Edward Muriu (Gatanga), Catherine Wambilianga (Bungoma Woman Representative), Timothy Toroitich, John Mbadi (nominated) and Otiende Amollo (Rarieda).
Others are Yusuf Hassan, Zamzam Mohammed, Beatrice Elachi (Dagoretti North), Robert Gichimu Githinji and Stephen Mule (Matungulu).
Last week, however, Treasury Cabinet Secretary Njunguna Ndung'u agreed to release the funds following an advisory by Attorney General Justin Muturi.
The CS said that the AG had advised that the Supreme Court pronounced itself on the CDF Act, 2013 and not the National Government-Constituency Development Fund Act, 2015.
The ministry has been withholding the funds, citing the apex court ruling that outlawed the the Act, triggering fierce protests from the lawmakers.
The committee has been tasked with facilitating collation of views from MPs during debate and invite those with similar or related proposals to make submissions before it.
The panel will engage with and consider submissions from stakeholders and relevant constitutional and statutory agencies with a law reform mandate, including the AG, the commissions and independent offices.
Senate Majority Whip Boni Khalwale asked the committee to fast-track the hearings and come up with a bill as many CDF-funded projects had stuck.
“Contractors are expecting payments and pending bills are accruing. This cannot take place. We need to give it the best of our thoughts,” Khalwale said.
“The issue of the Senate Oversight Fund is critical because we are losing more money when the oversight role of the Senate is not properly powered by sufficient funds,” he added.
Cherargei said the amendment of the constitution is an ongoing concern.
“There will always be proposals. Article 256 talks about amendment by parliamentary initiative, whereas Article 257 talks about amendment by popular initiative,” he said.
(edited by Amol Awuor)