Ways members of parliament are using to restore NG- CDF.
Ways members of parliament are using to restore NG- CDF Include exploiting the alleged gap that emerged after the ruling in supreme court.
Alleged gap; 1.The ruling was unconstitutional
2.Why the CDF act 2013 was annulled and NG CDF 2015 is running?
3.CDF was a backbone of development in the country.
NG- CDF was enacted in 2013 and amended in 2015, the legislators argued that the ruling declared by the supreme court, led by Chief Justice Martha Koome, only affected the 2013 CDF Act but not the 2015 National Government Constituency Development Fund (NG-CDF) Act.
Homabay town MP Kaluma stated,”Supreme Court annulled the CDF Act, 2013 while the Constituency Development Fund currently operates under the NG-CDF Act, 2015, which hasn’t been nullified.”
“CDF will continue to build our primary and secondary schools under the NG-CDF Act, 2015,” Homa Bay Town MP,” he added.
Supporting him was two additional members of parliament, who submitted a proposal indicating that the ruling made supreme court was unconstitutional.
While the legislators argued that slashing off the fund is unconstitutional, Supreme Court judges found that the Act offends the division of functions between national and county governments.
Judges argued,”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 stated.
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