Do not lock MPs out of CDF management, CIC warns

Commissioner of Commission for the Implementation of the Constitution (CIC) Kamotho waiganjo addressing the press after a public forum on the division of the 2015 revenue at a Nairobi hotel on 25/2/15- [PHOTO/BEVERLYNE MUSILI/STANDARD]

The Commission for the Implementation of the Constitution (CIC) has cautioned against efforts to take away management of the Constituency Development Fund from MPs, saying it may backfire.

Commissioner Kamotho Waiganjo has told Civil Society organisations that filed a court petition that saw the CDF law declared unconstitutional that for the fund to succeed in driving grassroots development, MPs should at least have some role in its management.

"MPs should be allowed some roles such as overall oversight of projects, mobilisation of communities among others. They should not be locked out completely as that would make the fund to collapse," he said.

He added: "We need to be pragmatic if MPs are to be won over to support changes in how CDF is structured and managed. Even the courts were pragmatic enough to give them one year to align the fund to the Constitution." Mr Waigano said without MPs, CDF would have died a natural death as they have been pushing for the increase of the money allocated to the kitty.

The money allocated to the kitty has increased from Sh23.8 billion when it was launched in 2003 to Sh35 billion this financial year.

Yesterday, a coalition of civil society organisations said MPs should not have any role in identification and implementation of CDF projects.

They also want CDF to be restricted to funding national government projects at the grassroots or be transferred to the county governments.

"In deciding which way the CDF should go, the original objects of the fund should not be lost. CDF was supposed to put communities in charge of planning and implementation of projects," said Wanjiru Gikonyo, National Coordinator of the Institute of Social Accountability.

Act invalid

She added: "CDF should be a social fund established under national legislation to support national functions through projects identified by communities at sub-county level. All decisions on the projects should be made through committees elected by the local community."

Centre for Enhancing Democracy and Good Governance Chief Executive Officer Cornelius Oduor accused MPs of engaging in a propaganda campaign against the court ruling that declared the CDF law null and void. Although the the High Court declared CDF Act 2013 as unconstitutional in February this year, the invalidity of the Act was suspended for 12 months to give MPs time to align it with the Constitution.