Treasury CS Ukur Yatani has announced that the National Treasury will not disburse funds to the Constituency Development Fund (CDF).

This follows a Supreme Court declaration on Wednesday that the CDF is illegal.

Yatani said he would seek guidance from Attorney General Kariuki Kihara for further direction on the matter but maintained that  Treasury’s position is to abide by the Supreme Court's declaration.

Kihara Kariuki. PHOTO/JUDICIARY

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Yatani made the clarification on Thursday after an induction session with the newly elected Senators at a Naivasha hotel.

"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 I know it is a very sensitive matter and one that members of the National Assembly hold dear," Yatani said.

"Whatever advice we will get from the Attorney General, is what we are going to go by but as it is it has been rendered illegal."

Chief Justice Martha Koome on Wednesday through a recorded video address to the Senators explained elaborately that the CDF kitty is void because it offends the division of functions between the National and County governments.

Martha Koome. PHOTO/TWITTER

“More recently in the CDF Case (2022), the Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments,” Koome said.