MPs insist CDF will exist 'at all costs' despite court ruling that it is unconstitutional

NAIROBI: MPs have vowed to go back to the High Court to seek an extension of the one-year deadline they were given to wind up the multimillion fund for each of the 290 constituencies. They said they will also want the Judiciary to "stay" the declaration that the Constituency Development Fund Act was unconstitutional.

In a meeting in Nairobi's Safari Park Friday, the MPs said the date with the High Court will allow them to have time to prosecute their case at the Court of Appeal, and also pursue a constitutional amendment to make sure CDF is entrenched in the Constitution. They have already filed their case at the Court of Appeal.

The chairman of the House Committee on CDF, Mr Moses Lessonet (Eldama Ravine) said the pursuit for more funds will not cease. In fact, he said, in the next financial year, the Fund will be given Sh36 billion.

"Despite the court ruling, CDF is still needed out there. Whenever we visit your constituencies we continue to see the impact and the need of that fund. We must do all that is necessary to make sure CDF continues to flow to constituencies," said Lessonet.

The MPs said they were upset with the Judiciary and they will teach the judges a lesson if they don't play ball and let CDF be.

"Anybody who hates MPs and hates CDF might as well go to hell," said Jakoyo Midiwo, the Deputy Minority Leader.

Midiwo and Jimmy Angwenyi (Kitutu Chache North) added that many of the development partners were against the Fund, but they loved the dividends that it had done to development.

"There's no way on earth World Bank and IMF will accept CDF; even though they are now praising CDF, our courts must follow suit. If they don't do it, we must make them do so," said Midiwo.

Angwenyi added: "The judiciary must respect the legislature, they seem not to!"

They made a veiled threat that they will starve the Judiciary of funds if it doesn't play ball.

Daniel Maanzo (Makueni) and Chris Wamalwa (Kiminini) asked their colleagues to mob the court at the hearing of their cases, and even mobilise their supporters.

"We welcome a sizeable delegation, but you'll have to be properly behaved. You shouldn't behave in a manner that is likely to be interpreted that you are trying to intimidate the court," Waweru Gatonye, the MPs' lawyer in the case said.

There was a storm when one of the experts the MPs had invited told them to their face that the Fund was illegal, and that unless they call a referendum to amend the Constitution, it will be futile to make little changes to the Acts of the House.

"The choice is either to abolish CDF or abolish the MPs' role in it," said Wachira Maina, a constitutional lawyer.

But MPs booed. The lawyer was not fazed.

"MPs cannot be both legislators and implementers unless the Constitution permits it. I want us to have a frank family talk. The fact that something is good does not make it unconstitutional. When we are animated by good intentions, we tend to keep you," said Maina.

Amina Abdalla (nominated) told off her colleagues for trying to shout down the legal expert. She said MPs will have to "bribe" other institutions and players in lawmaking process such as the Senate and women MPs to make sure CDF stayed in the books.

"There's no dispute that CDF is great thing, but we are blocking our eyes from getting solutions. One of the things we should do is to review the law. Please tell me, will it kill you if your board members are appointed by the Cabinet Secretary and approved by the National Assembly?" posed Amina.

The lawyers said the date with the court will be done next week when they file their plea for extension of deadline and for stay.