Appeals court saves existence of CDF

Appeals court saves existence of CDF

- in Development, News

The National Assembly got a reprieve on Friday after the Court of Appeal ruled that only some sections of Constituency Development Fund (CDF) Act, 2013, are unconstitutional.

The entire CDF Act was declared unconstitutional in 2015.

Judges Erastus Githinji, Hannah Okwengu and GBM Kariuki ruled that Sections 24(3)(c), 24 (3)(f) and Section 37 (1) (a) of the CDFA violate the principle of separation of powers.

But on the question of whether the entire CDFA is unconstitutional for violation of the doctrine of the separation of powers, the judges were of the view that the remaining provisions of the Act give effect to the main objective of the Act and can be operationalised as law.

“The appeal is allowed to the extent that the declaration that the constituencies Development Fund Act 2013 is unconstitutional in its entirety and invalid, is set aside and a declaration is hereby made that Sections 24(3) (C), 24(3) f) and 37(1) (a) of the CDF act 2013 are unconstitutional and invalid for violating the principles of separation of powers and are hereby struck out from the CDFAct.”

The judges were of the view that contrary to the finding of the High Court in 2015, the CDF Amendment Bill was passed in accordance with the Constitution.

They explained that the CDFA does not violate the principles of Public Finance division of revenue and the principle of division of powers and functions.

“Those provisions of the CDFA are, therefore, severable from the other valid provisions of the Act,” they said.

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