Two groups challenging legality of the Constituency Development Fund Act have asked the Court of Appeal to dismiss an appeal filed by the National Assembly. The Institute for Social Accountability and Centre for Enhancing Democracy and Good Governance say the court would be acting in futility if it determined the case as MPs had already enacted a new law to ensure they retain the fund. “The appeal has been rendered moot following the repeal of the CDF Act 2013 and the enactment into law of the National Government Constituency Development Fund Act (NGDCFA) fund 2013,” the objection, filed by lawyer Waikwa Wanyoike, reads in part. In the appeal, MPs want the judgement delivered in February last year set aside, saying the High Court judges who issued it erred when they failed to appreciate that the CDF money do not involve counties and thus only the lower House ought to have passed the law. But the lobbies say the Act offends the principles of public Fiance and Management Act and division of revenue, which spell out that division of revenue should be between the National Government and the counties. “The repeal of the CDF Act rendered the appeal moot. There is no existing controversy for this court to resolve,” Wanyoike said. The judgement dealt a major blow to elected MPs, who control the kitty. The judges had, however, suspended the invalidity of the Act for 12 months to allow the government change the law and determine where to re-allocate the funds.
This article was written by Kamau Muthoni of the Standard Newspaper on Saturday, July 2nd 2016.
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