MPs fund-raise for Constituency Development Fund case appeal

Kenya: MPs from both Jubilee and the Coalition for Reforms and Democracy (CORD) have closed ranks to fight back last week's High Court ruling that declared the Constituency Development Fund (CDF) unconstitutional.

The legislators, rattled by the ruling, appear to have forgotten their differences and vowed to overturn the decision by judges Isaac Lenaola, Mumbi Ngugi and David Majanja. They have also agreed to contribute Sh50,000 each to cover the cost of hiring lawyers to represent them in the appeal challenging the ruling.

MPs yesterday ventilated on the matter in Parliament. "This is not a simplistic argument. CDF is here to stay. Let us ready ourselves. This is a game of chess. It is either we have incompetent lawyers or the courts are belligerent to the plight of Kenyans. The courts have spoken, but they are a creation of the National Assembly. We can speak louder than them. We fund them," said Gem MP Jakoyo Midiwo.

Speaker Justin Muturi added: "It is a fact that CDF has been used to construct law courts. It is important so that you can show them that they have also benefited from CDF. Even police stations have been constructed through CDF. Let us internalise the issues of devolution, separation of powers and others that have been raised in the ruling before we discuss the issue as a House. There are many ways through which it can be addressed."

On Monday, the National Assembly CDF committee met and agreed to seek the opinion of Attorney General Githu Muigai on the interpretation of the court ruling. The committee also agreed to incorporate the Senate in the efforts to come up with a compliant law, should the appeal route become untenable.

"We met as a committee and we agreed on the resolutions. We would like to understand what the ruling means in relation to the former Act, which initially established CDF," said Committee Chairman Moses Lessonet (Eldama Ravine).

The court shocked the MPs Last week when it said the CDF law, which gives MPs 2.5 per cent of all national government ordinary revenue, offends the principle of separation of powers between the executive and the legislature.

On Monday, more than 60 MPs held a press conference at Parliament buildings to express their disappointment with the ruling and promised to fight it.

"We have agreed that this thing (CDF) affects all of us. We need to have good lawyers to represent us in the case. Numbers on how much we should contribute have been floated... there appears to be consensus that each of us contributes Sh50,000 to cover costs of the appeal," said Nicholas Gumbo (Rarieda).