Two non-governmental organizations lawyer Vincent Lempaa seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF) at Milimani law courts on Thursday May 5,2016.
BY SAM ALFAN.
Members of Parliament have to shift their battles to the court after two organisations took issue with the passing of a new Constituency Development Fund.
Two non-governmental organizations filed a petition seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF).
Ms Wanjiru Gikonyo, Coordinator for the Institute of Social Accountability and Mr Cornelius Oduor Opuot, the executive director of Centre for Enhancing Democracy and Good Governance, says that the new Act goes against the provisions of the constitution.
Through their lawyer Vincent Lempaa, they say that the role has been given to counties and thus amounts to duplication of roles.
The petitioners argue that the allocation of funds to the NGCDF before the vertical of revenue division between the County and National Government is unconstitutional.
They also want the petition sent to the Chief Justice to constitute a three judge bench saying that it raises weighty issues of law. They argue the bench will give an informed determination.
Is the fund constitutional? They contest.
The petitioners sued the National Assembly, the Senate, Attorney General, NCDFB, and CS Ministry of Finance and added the Council of Governors as interested party.
On December 15 2015 President Kenyatta assented the NCDFA which came into force in February19 2016.
The new Act was passed to replace the CDF Act of 2013 which was outlawed by the high court on February 20 2015.
Justice Isaac Lenaola who heard the two petitioner’s application directed the same be served to the parties and the matter be heard inter party on May 20 2016.
