CDF Is Not Going Anywhere- Ruto
He however warned elected MPs to ensure that they use the funds appropriately
Marvin Chege 
President-elect William Ruto has assured elected Members of Parliament (MP) that the National Government Constituency Development Fund (NG-CDF) will not be scrapped.
Speaking during a Parliamentary Group meeting with Kenya Kwanza leaders on Wednesday, September 7, Ruto promised that the CDF for MPs will remain.
"We know the legislation that was taken to court is old.
A logo of the Constituency Development Fund (NG-CDF). /TENDER YETU
“I know we believe in the rule of law, the legislative that was taken to court is old. It is not the legislation that currently is the basis on which is CDF is going on," he said.
The president-elect recounted how the CDF was considered of huge importance to MPs and went ahead to narrate his tenure as an MP before the fund was introduced.
"The difference is immense, I know how important CDF is. It is one of the funds whose impact can be seen in any part of Kenya,” Ruto stated.
He however warned elected MPs to ensure that they use the funds appropriately, saying the money will ensure that they retain their seats in 2027 or risk being sent home by the will of the people.
“How you use CDF will determine how long you stay in Parliament, it is simple as that,” Ruto said.
The Supreme Court had earlier ruled that the Act, which was enacted in 2013 and changed in 2015, was deemed unconstitutional.
In a landmark ruling by Chief Justice Martha Koome on Monday, August 8, the highest court in the land ruled that the CDF Act had violated the principle of separation of powers as well as the public finance law.
Each constituency receives at least Ksh100 million every year and the legislators have used the kitty for community development projects.
The ruling overwrote the Court of Appeal's decision for the CDF Act 2013 to be enacted.
“A fund directed at service delivery mandate can only be constitutionally complaint if structured in a manner that does not entangle members of Legislative bodies and Legislative bodies in the discharge of the service delivery mandate however symbolic,” the judges including Justice Koome, Deputy Chief Justice Philomena Mwilu, Smokin Wanjala, Njoki Ndung’u and William Ouko said.
"A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional. Each party to bear their own costs."
The CDF fund was introduced in 2003 after the late former President Mwai Kibaki took power in December 2002.
The fund was designed to support constituency-level, grass-root development projects and was aimed to achieve equitable distribution of development resources across regions and to control imbalances in regional development brought about by partisan politics.
It targeted all constituency-level development projects, particularly those aiming to combat poverty at the grassroots.
A collage of the Supreme Court judges. /COURTESY
