The fate of the Constituency Development Fund Act now lies with the Supreme Court after two organisations challenged a decision made by the Court of Appeal last November.

The organisations — The Institute for Social Accountability (TISA) and Centre for Enhancing Democracy and Good Governance — argue that the appellate court erred by failing to find that the CDF Act and the later amendment to the Act by Parliament is unconstitutional as it offends the principles of public finance, division of revenue and the division of functions of the national and county governments.

Although Judges Erastus Githinji, Hannah Okwengu and GBM Kariuki found that CDF Act offends the principle of separation of powers, they said it was improbable that CDF would interfere with county governments’ planning or autonomy.

The three judges ruled that contrary to the finding of the High Court, the administration of the fund, management and implementation of the projects is done by the national government through the agents established by the Act, who are not in law third entities.



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