13 December 2017

Kenya: National Board Gazettes Committees to Manage CDF Kitties

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The CDF board has published names of fund managers at the 290 constituencies who will oversee national government projects.

The National Government Constituencies Development Fund Board (NG-CDF) acting CEO Yusuf Mbuno indicated that the appointment of seven members per constituency committee was done with the National Assembly's approval.

COMMITTEES

Mr Mbuno, through the weekly Kenya Gazette Notice, said the appointments are for a period of two years.

The move paves the way for the release of funds from the National Treasury.

Each committee has two youth representatives, one person with disability, and two men and two women.

Mr Mbuno's move comes a fortnight after the Court of Appeal ruled that members of Parliament should not have a hand in the management of the constituency development kitty.

Justices Erastus Githinji, Hannah Okwengu and GBM Kariuki ruled that powers of appointing the CDF committee members and staff were a preserve of the CDF Board.

LAWFUL

The judges said contrary to the finding of the High Court, the CDF Amendment Bill was passed in accordance with the Constitution.

They said the CDF Act does not violate the principles of public finance division of revenue and the principle of division of powers and functions.

On the issue of duplication of roles by the two levels of government, the judges said the Constitution lays down at least three principles to govern inter-governmental relations.

"[The] Constitution provides that a dispute on whether a Bill concerns a county government should be resolved by the Speakers of the two Houses and in case of disagreement be mediated upon," said the bench.

It added: "[The] principle of consultation and cooperation between national and county governments and the dispute resolution mechanism should be accorded their constitutional status and functional significance."

DISPUTES

They stated that in case of a dispute, the governments must make every reasonable effort to settle the dispute through alternative dispute resolution mechanisms, including negotiation, mediation and arbitration.

The bench also noted that the County Governments Act and the Public Finance Management Act have established institutions for resolving specific disputes, including intergovernmental disputes.

"Furthermore, questions such as division of functions, division of revenue, legislative process and budget process are essentially political questions which fall within the political question doctrine; and which the Constitution has assigned to other political institutions for resolution and created institutions and mechanisms for such resolution," said the judges.

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