The protracted battle over the control of the Constituency Development Fund (CDF) has found its way to the Supreme Court.
Two civil society groups have filed an appeal to have the entire CDF Act nullified. In November, MPs lost control of the kitty through a Court of Appeal ruling.
But now the Institute for Social Accountability and the Centre for Enhancing Democracy and Good Governance want the top court to declare the entire CDF Act as unconstitutional.
Through lawyer Waikwa Wanyoike, they argued that the Court of Appeal erred by only declaring Sections 24 (3c) and 37 (1a) as unconstitutional yet the whole CDF Act (2013) did not comply with provisions of public finance, division of revenue and division of functions.
“The Appellate judges failed to appreciate that numerous provisions in the CDF Act cumulatively render it untenable and should not be allowed to operate. That is why we want the Supreme Court to find the Act offends devolution and the principle of separation of powers,” said Mr Wanyoike.
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The civil society groups also wants all CDF management boards disbanded, arguing that they were created without authority.
Wanyoike claimed that the Appellate Court failed to understand the issues that were in dispute and in the end gave a wrong judgement that legitimised CDF without clarifying how the billions of shillings allocated to constituencies should be used.
He argued that the decision allowed National Assembly members to be at the centre of implementing Constituency Development Fund projects.