Supreme Court Chief Justice Martha Koome spoke at the Senate Induction Workshop on September 21 and stressed that the CDF undermines the separation of powers between county and federal governments.
“The CDF offends the division of functions between the county and national government. To allow a CDF, an instrumentality of the national government, to undertake functions devolved to the country. “This clearly underscores the separation of powers and that delivery of service is devolved to the county and the constituencies in the county,” she stated.
The CJ further ruled that it was unlawful to give money to the CDF before dividing the revenue between the federal and local governments.
“There are two conflicting laws. This matter can be resolved by the apex court and also the legislator and esp between the senate and the national assembly,” she remarked.
The Supreme Court invalidated a Court of Appeal ruling that had allowed for the passage of the CDF Act 2013 by declaring CDF to be unconstitutional.
“A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional. Each party to bear their own costs,” read the judgment.