Address
The Institute for Social Accountability (TISA)
Westlands Avenue, Wendy Court, Hse no. 1
David Osieli Rd, Westlands
Work Hours
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Current Status: Supreme Court of Kenya on 8th August 2022 declared Constituency Development Fund (CDF) unconstitutional and illegal. The CDF Act contravenes and offends the constitutional principles of division of revenue, public finance & separation of power.
Case No. Petition 178/2016
Petitioner
Wanjiru Gikonyo
Respondent
National Assembly
The Petition
The Petition challenges the constitutional validity of the provisions of the National Government Constituencies Development Fund Act. Some of the areas being challenged are:
Case Summary
April 14, 2022
The NGCDF Act violates the principle of separation of powers
- The NGCDF Act violates the principle of separation of powers as it gives members of parliament roles which should be the preserve of the national government.
- On the procedural aspect, NG-CDF Act and its implementation involve and concern the county governments with the meaning of Article 110(1)(a) of the Constitution and the failure to involve the Senate in the legislation of the NGCDF Act, however this position has overturned in Civil Appeal E084 of 2021 where the Court of Appeal partially nullified 23 pieces of legislation The NGCDF Act was one of the Acts reinstated and not nullified in this instance.
- The NGCDF Act violates Constitutional principles of public finance.