The National Assembly Wednesday started the process to anchor the National Government Constituencies Development Fund (NG-CDF) in the Constitution.
MPs supported the Constitutional Amendment Bill 2022 table on the floor of the House by Matungulu MP Mule Mutinda and his Gichugu counterpart Githinji Gichimu.
They argued that the Supreme Court overstepped its mandate in declaring the NG-CDF unconstitutional.
"It is important for Kenyans to understand that when legislators speak of CDF, they don't need it for themselves. Every day we get no less than 100 phone calls from children who are at home because they can't get bursaries," argued Rarienda legislator Otiende Amollo.
Naivasha MP Jayne Kihara said: "Kenyans do not know an MP would just sit here and make laws, they know MPs are meant to give. It feels so good when a young man comes and tells me...I went to school courtesy of your CDF and I am working in this place. It feels very good."
The MPs, at the same time, criticised the Judiciary arguing that it was playing double standards.
"There can be no greater enemy of the people than that person who is trying to sabotage NG-CDF," said Minority Leader Opiyo Wandayi.
Thrashing the Supreme Court's decision, members argued that the ruling was made on the Constituencies Development Fund Act, 2013 and not the NG-CDF Act, 2015.
Despite their arguments, Chief Justice Martha Koome has maintained that the fund is unconstitutional and has called on the Senate to play an authoritative role in oversight and protecting the Constitution.
Division of revenue
"More recently in the CDF Case (2022), the Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments," said the Chief Justice.
"In addition, it was the position of the Court that it offends the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties."
However, MPs have downplayed the significance of the Supreme Court ruling on grounds that the current fund is being implemented under a new law - National Government Constituency Development Fund (NG-CDF)-and not the one that was declared unconstitutional.
"I know CDF has no issues that touch on counties because its major role is to accelerate the performance of the education sector and also to bring improvement to the security sector, these two functions are not devolved," argued Igembe North MP Julius Taitumu.
In September, former Treasury Cabinet Secretary Ukur Yatani indicated that the government will not disburse funds allocated to the kitty following the Supreme Court's decision that it is illegal.
"The Supreme Court made a pronouncement that CDF as it is, is illegal and therefore we are not going to disburse funds. We are going to seek advice from the Attorney General for further direction," said the former Treasury CS.
According to reports from NG-CDF, at least 6 million children have received bursaries to the tune of Sh57 billion over the last 5 years. From 2016 to 2022, 71.36 per cent of the funds had been directed towards education, with other areas getting between six and one per cent.
