The Constituency Development Fund (CDF) Is Illegal –CS Ukur Yatani

Speaking after the morning session during the induction retreat Mr Yatani noted that the treasury will observe the court’s ruling not to allocate the funds but he will still be seeking counsel from the Attorney General, Kihara Kariuki

By Lavin Atieno

Treasury Cabinet Secretary Ukur Yatani has made it clear that funds meant for the Constituency Development Fund will not be disbursed after Chief Justice Martha Koome declared it illegal on Wednesday.

Addressing Senators who attended an induction retreat in Naivasha, the CJ stated that the kitty offends the division of functions between the national and county governments. “More recently in the CDF Case (2022), the Supreme Court held that it is unconstitutional to allocate funds to the CDF. “In addition, it was the position of the court that it offends the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties.”

Speaking after the morning session during the induction retreat Mr Yatani noted that the treasury will observe the court’s ruling but he will still be seeking counsel from the Attorney General, Kihara Kariuki.

“As far as I am concerned the Supreme Court has pronounced the CDF as it is, is illegal and therefore we are not going to disburse funds but we will seek advice from the Attorney General for further direction because it is a very sensitive matter and one that members of the National Assembly hold dear,” said Yatani. The Constituency Development Fund was initiated in 2003 after Mwai Kibaki romped into power, 19 years later Kenya may be saying goodbye to it completely. 

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