In Summary
  • The decision to declare the Act as unconstitutional at the time was premature.
  • The judges noted that the management as well as implementation of CDF projects is of great public importance.

MPs could lose their executive role in the implementation of the Constituency Development Fund (CDF).

This follows a decision by the Court of Appeal in Nairobi on Friday which declared sections of the CDF Act 2013 as unconstitutional and a violation of the principle of separation of powers.

However, Judges Erastus Githinji, Hannah Okwengu and GBM Kariuki ruled that except for sections 24(3)(c), 24 (3) (f) and 37 (1) (a), the entire CDF Act is still implementable and fully operational as a law.

VIOLATE

The three-judge bench consequently struck out the said sections from the disputed law.

“The provisions of the Act, which violate the doctrine of separation of powers have been clearly identified.

Those provisions are therefore severable from the other valid provisions of the Act,” the judges ruled.
In 2015, High Court judges Isaac Lenaola, Mumbi Ngugi and David Majanja declared that the CDF Act was unconstitutional but they, however, suspended that declaration for one year to allow the national government to remedy the defect in the law.

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