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Kenyan Supreme Court Finds Constituency Development Fund Act Illegal

The Supreme 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.

David Indeje is Khusoko’s Digital Editor, covering East African markets.
The Supreme Court of Kenya

The Kenyan Supreme Court. PHOTO: KHUSOKO

The Kenyan Supreme Court has declared the Constituency Development Fund (NG-CDF) illegal and unconstitutional.

“A declaration is hereby made that the Constituency Development Fund Act, 2013 is unconstitutional,” the verdict given by the five-judge bench led by Chief Justice Martha Koome, DCJ Philomena Mwilu, lady justice Njoki Ndung’u, Justice Ouko and Justice Wanjala read in part.

“We agree with the reasoning adopted by the High Court to the effect that the CDF Act 2013 violates the principle of separation of powers and that the CDF Act 2013 is unconstitutional,”  read part of the verdict.

“We agree with the reasoning adopted by the High Court to the effect that the CDF Act 2013 violates the principle of separation of powers and that the CDF Act 2013 is unconstitutional. We also agree with the reasoning of the Court of Appeal, but only to the extent that it upholds the position of the High Court.”

The petition was filed at the High Court in 2013, but it later escalated to the Supreme Court after the Court of Appeal overturned the High Court’s finding. The CDF Act was declared unconstitutional in February 2015.


 

David Indeje is Khusoko’s Digital Editor, covering East African markets.

In my role as Community Engagement Editor For Khusoko, I care about our audience. engaging them, getting news delivered to them across a variety of platforms, and expanding the diversity of voices on our website.

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