.Justice Isaac Lenaola, Mumbi Ngugi who are part of three judge bench that suspended the constitutional clause establishing Constituency Development Fund (CDF) for a period of one year.
BY SAM ALFAN.
The high court has suspended the constitutional clause establishing Constituency Development Fund (CDF) for a period of one year.
Three judge bench found that the CDF Act has been in operational unlawfully and parliament should find away to make amendments to the Act.
The court held that within the period the legislature will have time to correct the defective legislation while avoiding chaos and disarray in a system that has been established for over a decade.
Justice Isaac Lenaola, Mumbi Ngugi and David Majanja, said that CDF Act was amended without the involvement of the senate for the enactment.
The court gave the period because already funds for financial year 2014/2015 have been factored and dispatched to respective constituencies.
“It was in public interest to suspend the period of invalidity of the impugned Act for a year to give room for corrective and transitional measures this is in line with the value of good governance” they said.
The judges made the judgment on the petition filed by Social Accountability and the Center for Enhancing Democracy and Good Governance, which sought that declaration be made to annul CDF Act of 2013 which replaced 2003 Act that violates the constitution.
The petitioners challenged the process of enactment of the CDF Act of 2013 its legislation, administration and management of CDF.
They contended that the CDF Act contravened the constitution and the rule of law, good governance, transparent, accountability, separation of power and division of power between the national and county government.