The Chief Justice is expected to constitute a bench to hear the case, before the
money is released. Two citizens have challenged the constitutionality of CDF
MPs yesterday criticised a court ruling barring Treasury CS Henry Rotich from releasing not more than Sh25 billion to the National Government Constituency Development Fund.
Justice Joseph Onguto on Monday issued temporary orders restraining the National Treasury from releasing the funds to the NGCDF this financial year, which began on July 1.
Wanjiru Gikonyo and Cornelius Opout moved to court to challenge the constitutionality of the National Government Constituency Development Fund Act, which establishes the kitty.
Governors have been enjoined in the case. They are opposed to the existence of CDF, which they say is a parallel structure by the national government to undermine devolution.
The case now awaits the Chief Justice to constitute a bench to hear it, before the money is released for the funding of development projects in the 290 constituencies.
The biggest losers are thousands of needy students in schools, colleges and universities, who depend on CDF for bursaries.
MPs told the Star schools will be forced to send home students who rely on CDF bursaries to pay their fees.
“We are saddened with the delay in the resolution of this matter, we want the courts to rule so that if it is insufficiency in the law, we work on the legal challenges and move on. Students will have to be sent home for fees,” Sirisia MP John Waluke said.
The MP said dragging the matter in court will hurt development projects approved by the Constituency Development Board.
“Our plans to deliver on our mandate as MPs have been crippled,” Waluke said.
Siaya woman representative Christine Ombaka said all the 47 woman representatives will join in the fight against any attempts to scrap CDF.
“We are out to defend our colleagues,” she said.
(+)Legislators want sh34.5bn
Last month, MPs disrupted sittings and threatened to shoot down this year’s budget if the National Treasury failed to release Sh34.5 billion allocated for the NGCDF. Minority leader Francis Nyenze said the House will not approve the Sh2.3 trillion budget presented by CS Rotich. “We will stop the budget process unless this is secured,” he said. The MPs later passed the budget after President Uhuru Kenyatta chaired an urgent parliamentary group meeting to read MPs the riot act.