MP to refund missing CDF cash

By Evelyn Kwamboka

An MP has been ordered to refund money withdrawn for personal use from his Constituency Development Fund account.

High Court judge Daniel Musinga also issued the same order to the Constituency Development Board.

In his ruling, the judge said West Mugirango MP James Gesami did not deny in his affidavit an allegation by officials of the Millennium Forum for Unity and Development that he withdrew Sh1 million from CDF and deposited in his bank account.

"That is a serious allegation, which ought to have elicited a specific response. I carefully perused his affidavit and I did not see any denial of the allegation," the judge ruled.

The judge also issued an order compelling the board to cause the MP to set in motion a process for reconstituting the membership of the various committees in accordance with the provisions of the CDF Act 2003.

This is to achieve inclusiveness and fair representation of all constituents and interests.

He dismissed the MP’s claims that MFFUD officials had no capacity to file the case on behalf of CDF officials thrown out of office last year.

"This is a public interest litigation and any resident of West Mugirango constituency has a right to question the manner the CDF committee is using public funds allocated for development in the constituency," he said.

Justice Musinga said the court would not shut out the applicants from the house of justice when they are pursuing such a noble cause. The judge said in such cases, courts must adopt a liberal approach in determining the issue of legal authority.

Preliminary investigations by the Kenya Anti-Corruption Commission revealed that part of funds withdrawn from the CDF kitty were deposited in the MP’s bank accounts.

Interested party

The anti-graft body claimed the money amounted to Sh1,050,000 and there were ghost projects in West Mugirango constituency financed yet they do not form part of the code list for 2008/2009 and 2009/2010.

MFFUD officials Thomas Moindi, Philemon Apiemi, Mary Ondieki and John Onyancha named the CDF board as the respondent and KACC the interested party in the suit.

In the documents filed in court by KACC as an interested party in the case, the commission received a complaint on May 6 regarding allegations that funds meant for the CDF projects had been misappropriated and could not be adequately accounted for.

In an affidavit filed by Mr Kipsang Sambai, preliminary investigations revealed some money was deposited in the MP’s account and he had irregularly suspended the area CDF’s secretary and treasurer and appointed his people.

The appointments were not communicated to the CDF board as required by the law.

Sambai said the commission was investigating ghost projects.

"These projects form part of out ongoing investigations as there are no records as to how they were identified and no procurement records are available on how they are being implemented," he claimed.