The National Treasury will not allocate monies to the Constituency Development Fund (CDF) following Supreme Court’s judgement terming it illegal.
Speaking on Thursday during the ongoing induction workshop for Senators in Naivasha, Natioanal Treasury Cabinet Secretary Ukur Yattani said: “The Supreme Court made a pronouncement that the CDF as it is illegal and therefore we are not going to disburse any cash, but we have sought advice from the Attorney General on the same.”
The CS said despite the CDF being crucial in the development of constituencies, he admitted that there has been a lot of wasted in matters accounting for resources.
Ukur’s sentiments come a day after the Chief Justice Martha Koome commented on the division of revenue where the recent ruling on the unconstitutionality of the CDF was made.
"The Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments,” Koome told senators yesterday.
“It was the position of the Court that it offended the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties." the CJ stated.
Last month, the country’s highest court declared the fund illegal and unconstitutional, bringing to the end a nine-year court battle between the Members of Parliament and civil society groups.
“A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional,” the verdict given by the five-judge bench read in part.