MPs plan law change to have power over CDF

The Constituency Development Fund will in future be used to develop projects based on functions designated for the national government, MPs have said.

At the same time, the MPs have criticised the suggestion by governors that the money allocated to CDF be put under the management of counties, saying the devolved governments are yet to show any tangible development with the allocations given to them so far.

CDF committee chairman Moses Lessonet said the changes to the law to align the fund with the Constitution will be such that it will not be used on functions under the county government such as the provision of healthcare.  

“The focus of CDF will be on security matters. We are going to build offices and Administration Police camps, police stations… and we are even going to buy, in remote areas, armoured vehicles for the police,” said Mr Lessonet.

“We hear that the governors are saying that they want that money to be taken to the counties. We are telling them to make use of the money they have  and show us value for it,” he added.

Mr Lessonet said the National Assembly is keen to have the necessary changes to the law made within the next two months.

Among the things to change in the law would be the involvement of the MP in the Fund from the current set up, where lawmakers are ex-officio members of the constituency committees and are involved in setting them up.

MPs are keen to keep the Fund, which gives them an opportunity to influence the development of projects and which is often used to measure their performance. The suggestion by the governors to divert the money to counties has, therefore, not been taken well.

“Counties have got more money than the entire CDF since inception and yet we cannot actually see what the county governments have done.  People are only seeing what CDF has done on the ground,” said Mr Jamleck Kamau (Kigumo, TNA). “Let them first show us what they have done with the money they have before they can come for CDF.”

Mr Njoroge Baiya (Githunguri, TNA) said because the ultimate beneficiary of the projects would be the public, there should not be a clamour for control of the money available under CDF.

“In terms of resources, there shall be separate sharing between the central government and CDF,” said Mr Baiya.

At an informal meeting last Thursday, MPs were also reported to have considered drastically slashing the budgetary allocation to the Judiciary for development.

Other options being explored in the bid to preserve the Fund include filing an appeal at the Court of Appeal.  

That, though, is considered a strategy to buy time as more concrete decisions are made.

MPs are also exploring amending the Constitution to entrench CDF in the Constitution or repeal and re-enact the disputed CDF Act 2013 to align it with the court’s judgement. 

The legislators argue that the Constitution permits them to form funds and as such the CDF kitty was the preserve of Parliament. 

The legislators have also resolved to work closely with senators and are counting on the latter’s support.

LOBBY FOR SIMILAR FUND

Senators are supporting the decision of the High Court because they would have to be involved in the realignment of the Fund with the Constitution. This would also give them an opportunity to lobby for a similar Fund they would control.

The decision on CDF could extend to the planned creation of a kitty to be  overseen by the 47 Woman Representatives.  

The Cabinet has approved a set of regulations for the management of the fund, which will be handed to Parliament for scrutiny by the Committee on Delegated Legislation. 

Meanwhile, a section of senators are mulling over a law to ensure that the Sh31 billion constituency development fund is put under the control of governors.

This follows a High Court ruling last week which declared the kitty, which is currently managed by MPs, unconstitutional.

However, MPs have indicated that they will do anything in their powers to retain control of the Fund credited for hundreds of development projects across constituencies for the last 12 years.

Governors have also waded into the debate, saying that Article 202 of the Constitution dictates that public finances should be distributed between the national and county governments only. There is no allocation to MPs, who they say, should concentrate on their constitutional roles of representation, legislation and oversight.

Speaking in Kisumu on Friday, Senators Boni Khalwale (Kakamega), Amos Wako (Busia) and their Kisumu counterpart Anyang Nyong’o differed with senate majority leader Kindiki Kithure on management of the Fund.

Prof Kindiki had on Wednesday said they would fight for MPs to win back management of CDF as it has been helpful in growing many projects at the constituency level.

But while the Tharaka Nithi Senator pledged the Senate would help the MPs retain control of the development cash, the three said that members of the National Assembly should not be involved in implementation of projects.

“The issue of CDF has been extensively discussed by others and as an accountability institution of Senate, we want to say that the ruling is correct. We cannot fault the reasoning of the court on that decision,” said Dr Boni Khalwale, the chairman of the Senate’s Public Accounts and Investment Committee.

“Oversight has now completely collapsed in the National Assembly and that is why a lot of corruption scandals are being reported. If they were focusing on oversight, they would be sufficiently busy not even have time for projects,” Dr Khalwale said, adding that double-involvement of MPs was dividing their attention.

Prof Nyongo and Mr Wako said Senate would channel the funds to be managed by governors instead.

Additional reporting by Anita Chepkoech