New MPs vow to revive CDF during first session

The 13th Parliament will prioritise the revival of the National Government Constituency Development Fund (NGCDF) in its first session, MPs vowed yesterday.

Speaking during an orientation session at Parliament Buildings, they said the Fund was used to benefit common Kenyans and not MPs as perceived by critics.

Dadaab MP-elect Farah Maalim dispelled fears that the fund had been disbanded following a Supreme Court ruling. According to the veteran politician, who is making a comeback after a 15-year hiatus, the apex court suspended the 2013 Act but 2015 one — which NGCDF operates on — is still active.

“What the court did is to suspend the 2013 CDF Act, but the NGCDF, which was established by the 2015 Act, is still active,” Maalim said.

Kirinyaga Woman Representative-elect Jane Njeri Maina said it would be difficult for MPs to operate without NGCDF, adding that the legislators would prioritise its reinstatement.

Worked marvellously

“The Fund has worked marvellously since inception and should be retained at all cost. It has bettered the lives of our people in many ways. We will vigorously fight for it,” said the youthful MP.

In proscribing the fund, both the High Court and the Supreme Court cited the doctrine of separation of powers, saying MPs cannot implement projects and programmes yet still play oversight roles as detailed in the Constitution.

Nyali MP Mohamed Ali said the thirteenth Parliament would have no option but to defend the fund, adding that as legislators, they have suffered the same situation in the past but have never failed to protect the kitty.

The MPs said they would call for talks with the Executive to discuss ways to retain NGCDF within the orders given by the Supreme Court. Kwanza MP-elect Ferdinand Wanyonyi described NGCDF as an important kitty and promised it would be the first agenda they would seek to address.

“The fund focuses on projects that touch directly on the people; projects that neither the national nor county governments can implement effectively,” he said.

“I am hoping that we won’t find a situation where we lose the fund; because it is crucial to people at constituency levels,” explained the MP, now on his third term.

Tongaren MP-elect Murumba Chikati defended the role of legislators in the management of the Fund, saying this role was reduced to oversight as opposed to management.

“As an MP, you only have oversight; you have no access to the money and therefore you cannot misuse it. The Fund is the way to go in terms of development. Those in ivory towers should find out how the Fund has helped the rural folk,” said the MP. Each constituency receives at least Sh100 million every year.

Legislators have previously used the kitty for community development projects. Speaking separately, the NCDF Board chief executive, Yusuf Mbuno, clarified that the current allocation to the CDF kitty is anchored on provisions of the repealed NCDF Act of 2015, and not the 2013 Act which the court rescinded.

Mbuno said Parliament has now allocated Sh44 billion to the CDF kitty for the 2022/2023 financial year, providing relief to thousands of beneficiaries. He added that this year, the funds allocated to the kitty have increased from Sh41.7billion to Sh 44 billion to cater for much-required infrastructure needs and services by citizens.

“Our services have not been affected by the Supreme Court ruling. Reports that the CDF kitty is dead are inaccurate,” said Mbuno. He added that a recent amendment to the current CDF Act has introduced a new sharing formula where the allocation of funds will factor in the population size of each given constituency.

Mbuno said the new formula will see 75 per cent of the funds shared equally among all 290 constituencies, with the remaining 25 per cent shared according to the number of wards.

The CEO noted that the new allocation formula under the current Act will address the aspects of equity and equality as envisioned in the Constitution. Consequently, Mbuno said, the NCDF board falls under the Executive arm of government, in the Ministry of Planning, and therefore its operations do not interfere with the doctrine of separation of powers.

Noble achievements

Speaking during a visit to Ndoroto Secondary School in Naivasha, Mbuno said NCDF funds have enabled the establishment of new schools, improvement of infrastructure and provision of bursaries to needy pupils. For instance, Ndoroto school has been constructed through NGCDF to the tune of Sh13 million.

This way, a partnership with the Ministry of Education will facilitate a 100 per cent transition of students to secondary schools, as envisaged. Mbuno disclosed that their close working relationship with the Auditor General has improved the financial accounting standards of constituency boards and reduced cases of misappropriation of funds.

The CDF kitty was first introduced in 2003 by the government. It has seen billions of shillings channelled to constituencies to achieve equitable development and rectify economic imbalances in Kenya.

– Additional reporting by KNA