Win For MPs As Treasury To Release Ksh2 Billion For CDF

Attorney General Justin Muturi had issued an advisory noting that the Supreme Court ruling that declared CDF null and void

Win For MPs As Treasury To Release Ksh2 Billion For CDF
Outside the National Treasury building in Nairobi. /FILE

The National Treasury has agreed to release Ksh2 billion for the National Government Constituency Development Fund (NG-CDF) every week starting December 9, 2022.

A statement from Treasury Cabinet Secretary Prof Njuguna Ndung'u on Thursday, December 1 confirmed that the government will go back to disbursing the funds, ending a stalemate between the Treasury and Members of Parliament (MP) regarding the legality of the fund.

Attorney General Justin Muturi had issued an advisory noting that the Supreme Court ruling that declared CDF null and void did not touch on the NG-CDF.

Justin Muturi during vetting for the Attorney General post on October 17, 2022. /CAPITAL GROUP

As a result, Muturi revealed that the NG-CDF Act of 2015 would remain in force. However, the AG was made aware of a pending matter in court challenging the constitutionality of the NG-CDF.

He advised that the fund would remain operational until the case is heard and determined.

“In light of the advice from the Attorney General, the National Treasury and Economic Planning confirms that it will commence disbursement to the NG-CDF by tranches of Ksh2 billion on a weekly basis with effect from December 9, 2022. The Attorney General has therefore advised that the NG-CDF of 2015 technically remains in force until such expressed declaration is formally made by the High Court or other superior court.

“They will have disbursed a total of Ksh44.289 billion by the 23rd week of disbursement,” National Assembly speaker Moses Wetangula told MP on Thursday.

In November, MPs had claimed that many voters were waiting for the disbursement of the funds so that they can apply for bursaries to pay for the children’s fees in January 2023.

"Millions of school-going children are not sure whether they will report to school in January because no single constituency has funds to award bursaries. I'm even afraid of stepping into my constituency office in Kikuyu," National Assembly Majority Leader Kimani Ichung'wah stated.

The prolonged push and pull almost turned chaotic as the MPs threatened to boycott the house business until their demands were met.

President William Ruto on Wednesday, September 7 promised that the CDF for MPs will remain. He however warned them 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.

The Supreme Court had ruled that the Act, which was enacted in 2013 and changed in 2015, was deemed unconstitutional.

A logo of the Constituency Development Fund (NG-CDF). /TENDER YETU