Kenyans have received a big blow after a five bench judge of the supreme court declared the NG-CDF as unconstitutional. The National Government – constituency Development Fund is disbursed to Members of Parliament through the CDF boards at the constituency level.

The supreme court was hearing a petition that had been filled by two non-governmental institutions. The institute for Social accountability and the centre for Enhancing democracy and good Governance moved to the supreme court to challenge the CDF bill.

According to the bench led by Chief Justice Martha Koome, the fund is unconstitutional and interferes with the transfer of powers as enshrined in the constitution. The bench went on to indicate that the fund, however symbolic, was unconstitutional.

The Fund

The top judges declared that the fund should be absorbed either into the National Executive or the county executives. This ruling comes as a shock to many Kenyans who have benefited greatly from the NG-CDF. The fund has been used by most parliamentarians to achieve an increased level of education among their communities through bursaries.

The fund has also been used to open up feeder roads in the most rural parts of the country. Construct and build elaborate security stations across the country. The fund has even been used to boost the sporting industry in the country where various members of parliament organise tournaments.

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This ruling is set to affect the incoming parliament. This fund is also issued by members of parliament to champion their development agenda. If the fund is withdrawn the members of parliament will only be left with the duties of Legislation, Oversight and representation.