Ruto calls for the actualisation of NG-CDF and Senate Fund
President William Ruto has urged the members of parliament to work together to find means of actualising the Senate Fund and find ways to align the National Government Constituency Development Fund with the constitution.
“I know the contribution the National Government Constituency Development Fund (NG-CDF) has made in making life better for our citizens. Having served in Parliament for 15 years, before and after the establishment of NG-CDF, I know the difference it makes is monumental,” said President Ruto.
NG-CDF has been plagued by legal conundrums since 2015 when the High Court ruled it unconstitutional. Meanwhile, every effort by the Seante to establish the Senate Fund has been met with frustrations and supremacy battles between the two houses.
This has not been lost on the President who requested the MPs to find ways to legalise NGCDF which he says is an important tool in leveraging development across the country.
“I believe there is a way NG-CDF can be aligned to the tenets of the Constitution. In this regard, I also hasten to add that both Houses should also be adequately resourced for oversight duties, “said Ruto.
Just before the elections, the Supreme Court upheld a High Court ruling that deemed CDF Act unconstitutional. The Act was enacted in 2013 and changed in 2015.
A bench of five judges led by Chief Justice Martha Koome ruled that the CDF Act violates the principle of separation of powers, hence is unconstitutional.
“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.
Senate legislators have been pushing for the establishment of the Senate Fund since 2013 to oversight the billions of shillings sent to the counties and tame corruption.
But because the National Assembly, which is responsible for allocating monies to state agencies in the budget, contended that such a fund would contravene the Public Finance Management Act, their requests were rejected.
The tussle has the fund become a distant pipe dream and a scorching mark on the fight between the two houses.
“With regard to the Senate and its constitutional mandate, I believe the two Houses should work together to set up the Senate Oversight Fund. This will be used to provide oversight over millions allocated to counties,” President said.
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