NAIROBI, Kenya Nov 2- Members of Parliament have begun the quest to reinforce the National Government Constituency Dvelopment fund in the constitution.
In the myriad of reactions elicited before the house during the debate, the lawmakers asserted that the fund should be entrenched in the law as it has proved to be effective in transforming constituencies.
The bill co-sponsored by Matungulu Member of Parliament Stephen Mule and his Gichungu counterpart Robert Gichumu is pushing for the reestablishment of the Fund and its anchoring in law to avert disruptions on technicalities of the law.
In the Constitution Amendment Bill 2022, the duo are also seeking the establishment of the National Government Affirmative Fund, Senate Oversight Fund and Economic Stimulus and Empowerment Fund.
“Our aim is that these funds are protected in the constitution from this year until the time God will allow us on this planet. This is a journey we are not relenting whatever comes. This is a journey we will walk as members from both sides of the divide so that we safeguard this idea to the end,” said Mule.
Minority Leader Opiyo Wandayi supported the bill saying it will manage to cure the hurdles concerning the CDF act over the principles on separation of power between the Legislature and the Executive.
“Anybody coming to make NG-CDF non-operational is an enemy of the people. This house must choose to be on right side of the people. This back and forth on the judiciary should be brought to an end by entrenching NG-CDF in the constitution,” he said.
Ruaraka MP TJ Kajwang however advised the proposers of the amendment to bring four separate bills on the four funds that they seek to entrench in the constitution.
Kajwang mentioned that failure to present four separate bills before the house might sabotage the bill.
“This bill is so important for us to waste, you will need a caucus to advise you while drafting the bill. We don’t want anything that will poison CDF,like what happened in BBI.BBI was killed because they put too much poison,” he stated
“I suggest that every bill should go on its own,so that we have four separate bill.So that nothing poison the other,we don’t want anything to spoil the broth that we will make,”he added.
Endebess MP Robert Pukose supported the bill saying it has been vital in spurring development in schools as well as helping needy students.
Pukose however raised issues with the bill seeking to double the allocation of NG-CDF to 5 percent from the current 2.5 percent by amending the NG-CDF Act of 2015.
“We have many needy students whose education is dependent on CDF as well as infrastructure in school. The obligation of this house is to ensure the fund is entrenched in the constitution,” said Pukose.
Rarieda MP Otiende Amollo insisted the courts did not outlaw the 2015 NG-CDF act, faulting the move by treasury to fail to disburse the monies to the kitty.
” want to say here authoritatively, that as we speak today there is no court order, not of the high court, not of the appeals court, not of the supreme court that stops disbursement of the CDF under the 2015 act, none, and I want to urge that even as we meander our way through this amendment, let the CDF be disburse,”Omollo said.
The bill also an allocation of 0.001 per cent of national government revenue, as divided in the Division of Revenue Act, to the Senate Oversight Fund.
“There be established the National Government Constituencies Development Fund which shall be a national government fund consisting of monies of an amount of not less than 5 percent of all the national government share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218,” the proposed law reads.
Lawmakers argued that the bill doesn’t in any way affect the function and powers of the county governments in anticipation of any efforts to thwart the bill.
“Further, the establishment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its function as stipulated in Article 96 of the constitution,” the bill reads.
Parliament will also seek to enact the legislation to provide for the operation of the economic stimulus and empowerment fund whose objective will be to empower women, men, youth and persons living with disabilities.
The quest to reintroduce NG-CDF comes days after President William Ruto asked MPs to take measures to protect the Sh44.3 billion Fund and establish an oversight kitty for Senators to oversight cash transfers to counties.
Ruto told Parliament to align NG-CDF to the requirements of the Constitution in order to save the kitty.
“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens. I believe there is a way NG-CDF can be aligned to the tenets of the Constitution.”
The National Treasury had announced it will not allocate monies to the NG-CDF following the Supreme Court’s judgment that declared it unconstitutional.
A bench of five judges led by Chief Justice Martha Koome ruled that the CDF Act (2013) violates the principle of separation of powers, hence was unconstitutional.
While overturning the Court of Appeal decision that upheld the CDF Act, the Supreme Court said it was unconstitutional to the extend that it sought to extend national government’s mandate to counties.
The court held that the CDF Act 2013 offends the division of functions between the national and county governments.
