A lobby group has filed a petition to the High court to challenge the legality of the Affirmative Action Social Development Fund Act 2015.
The Institute for Social Accountability through lawyer Lempaa Suyiaka , says the Public Finance Management (AASDF) regulations 2015 is unconstitutional has it is aimed at complementing the CDF Act which declared illegal by the court.
The institute through lawyer Lempaa Suyiaka , told high court judge George Odunga that the new Regulations establishes institutions similar to the ones declared unconstitutional on February 20 2015 under the CDF Act saying there exist ulterior motives behind the new regulations.
“ The object and purpose of the regulations is to complement the CDF Act by allowing the 47 women members of parliament to control funds designated for executive functions and which in character are to be administered in the manner that the CDF is administered” said the lawyer .
In order to safeguard public funds the court should consider that are illegal frame work in new regulations.
He wants the court to halt the Treasury CS from releasing monies to any institution created under the Fund pending hearing and determination of the application for judicial review
He says if the application is not heard urgently, the 47 county women representatives will expend public money on unconstitutional purpose and in violation of the rule of law when proper structures, activities and institutions have not been in place.
The lawyer further seeks orders against AASFD board and the Affirmative Action Development County committee from transacting any business until the matter is determined by the court
He says the regulations are unconstitutional as they offend the principal of public finance, division and separation of powers.
According to the lobby group, Parliament has set aside Sh 2,030,000,000 in the financial year 2024/12015.
“I have diligently searched parliamentary and other public records and I have been unable to find any record that the regulations were approved by either the national assembly or the Senate “he says.
He wants a declaration be issued that anybody established by the new regulations is illegal as it is created without the authority of the law and in violation of the constitution.
