The supreme court on Wednesday declared the Constituency Development Fund (CDF) illegal. Following the announcement, Treasury Cabinet Secretary Ukur Yatani announced that funds will not be disbursed.
The CDF, in an elaborate explanation by Chief Justice Martha Koome, was declared null and void because the kitty offends the division of functions between national and county governments.
“More recently, in the CDF Case (2022), 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. In addition, it was the position of the Court that it offends 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 through a Recorded Televised Address to Senators attending an induction retreat in Naivasha.
CS Yatani, therefore, speaking after a morning session in retreat on Thursday, said that he will now be seeking advice from Attorney General Kihara Kariuki, however, maintaining that Treasury’s position remains in tandem with the Supreme Court declaration.
“As far as I am concerned the Supreme Court has pronounced the CDF as it is, is illegal and therefore we are not going to disburse funds, but we will seek advice from the Attorney General for further direction because I know it is a very sensitive matter and one that members of the National Assembly hold dear. Whatever advice we will get from the Attorney General, is what we are going to go by but as it is it has been rendered illegal.” Ukur Yatani.
Other than the CJ’s input, Senators were also enlightened on Inter-Governmental relations with the Executive, with addresses from representatives of the Office of the Attorney General, Auditor General and the Council of Governors.
Newly elected Council of Governors (CoG) chairperson Anne Waiguru weighed in to underscore the need to adhere to the six-judge bench ruling.