Senate in threat to sue over CDF law

What you need to know:

  • The threat comes just days after the National Assembly Speaker Justin Muturi pushed MPs to rush the drafting of regulations to ensure the new law takes effect.
  • President Uhuru Kenyatta assented to the National Government Constituencies Development Fund Bill last Tuesday after it was unanimously adopted by MPs before they went on recess a fortnight ago.
  • This fresh row comes a few days after Senate Speaker Ekwee Ethuro warned that the House would take legal action against the National Assembly for throwing out five Bills sent to it for concurrence.

Senators have threatened to go to court to challenge the new CDF Act after it was signed into law without their input.

The threat comes just days after the National Assembly Speaker Justin Muturi pushed MPs to rush the drafting of regulations to ensure the new law takes effect.

President Uhuru Kenyatta assented to the National Government Constituencies Development Fund Bill last Tuesday after it was unanimously adopted by MPs before they went on recess a fortnight ago.

The senators said the Head of State signed the law against the directions of the High Court, which annulled the former law.

The new Act caters for national functions, including security, as well as education, and the fund will not be used to finance devolved roles.

The senators said any funds intended for use in the counties ought to have their input. They said because they are the custodians of devolution, they should have a say.

“It is strange that this Bill was passed through the National Assembly and signed into law at record speed without the contribution of the Senate.

“The court was of the view that all funds designated for constituencies invariably affect the functions of the counties, hence the necessity to involve the Senate,” said Makueni Senator Mutula Kilonzo Jr on Sunday.

This fresh row comes a few days after Senate Speaker Ekwee Ethuro warned that the House would take legal action against the National Assembly for throwing out five Bills sent to it for concurrence.

Senators feel that from the two incidents, there is a bid to frustrate the House, with the intention of killing it. “This is not the first time the National Assembly is doing this. They have even refused to consider some Bills from the Senate. This is not right and the President should tread carefully.

“Someone can easily go to court and contest this. I appeal to the Senate leadership to consider taking legal action,” said Nyamira Senator Kennedy Mong’are by phone on Sunday.