The Supreme Court on Monday declared the National Government Constituency Development Fund (NGCDF) unconstitutional in a move that has far-reaching implications.
A five-judge bench of the apex court ruled that the NGCDF Act, which in 2015 replaced the CDF Act of 2013, is unconstitutional as it violates the principle of Separation of Powers.
The bench which was led by Chief Justice Martha Koome effectively hits the last nail on the coffin of the Act that saw each constituency get not less than Sh100 million annually.
The kitty is overseen by a Member of Parliament who uses the cash to implement various community development projects through a board that is normally used to reward cronies.
“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 bench said in its ruling.
The five-judge bench led by CJ Koome, Deputy Chief Justice Philomena Mwilu, alongside Justices Smokin Wanjala, Njoki Ndung’u and William Ouko.
The move is bound to raise some fire from MP, who usually use projects funded by the kitty to woo voters every election cycle based on the impact of their development initiatives.