Members of the National Assembly have threatened to boycott all business by the Executive if the National Treasury fails to disburse funds to the National Government Constituency Development Fund (NG-CDF).

Minority leader Opiyo Wandayi also warned that the House will not go for the long recess if the funds are not released in two weeks.

“We want the National Treasury Cabinet Secretary to explain why the funds have not been disbursed. He has kept mum on the matter, no word has come from him,” said Wandayi.

Majority leader Kimani Ichung’wa also supported the call saying the CS had not responded to his requests.

“There is no reason that the Treasury has not released funds. We expect the CS to make public the reasons behind the delay,” he said.

Speaker Moses Wetang’ula allowed the two leaders to seek an audience with the National Treasury CS and come back with a comprehensive response.

“I direct that you go talk to the CS in charge and report back to the House on his response,” Wetang’ula said.

2015 law

Immediate former Treasury CS Ukur Yatani, before vacating office, said he would not allocate money to NG-CDF for the current 2022/23 financial year citing a Supreme Court ruling that declared the fund illegal.

“The Supreme Court made a pronouncement that the NG-CDF as it is illegal and therefore we are not going to disburse any cash. But we have sought advice from the Attorney General on the same,” Yatani said.

His successor Njuguna Ndung’u is yet to address the matter two weeks after he assumed office.

MPs claim that whereas the Supreme Courts made a pronouncement, it did so on the CDF Act 2013 but did not explicitly rule on the operational 2015 Act that created NG-CDF.

Rarieda MP Otiende Amollo said the apex court did not declare the 2015 Act unconstitutional.

“The apex court only dwelled on the 2013 Act. Whether they can or they will declare the 2015 Act illegal in future is a different point,” said Amollo.