Nairobi — The fate of the disbursement for National Government Constituency Development Fund (NG-CDF) currently lies with the Attorney General Justin Muturi who will advise the National Treasury on the way forward.
This is according to revelations made by National Treasury Principal Secretary Nominee Chris Kiptoo who stated that the 2013 CDF act was illegal.
The nominee during his vetting before the National Assembly Finance Committee told MPs that he is aware that the fund was currently operating under the NG-CDF act of 2015.
"CDF has done a good job for this country. I am aware that the National Treasury sought the Attorney General opinion on whether to pay or not to pay. I am also aware that the Attorney General has not replied to the issue," he said.
Former Treasury Cabinet Secretary Ukur Yatani had announced that funds will not be disbursed to the Constituency Development Fund (CDF) after it was declared illegal by the Supreme Court.
Kiptoo assured the committee led by Molo MP Kimani Kuria that once approved he would be prompt to disburse the funds as the exchequer which will be pegged on the nod by the Attorney General.
"I want to undertake that once I land the National Treasury, I am going to follow up with the Attorney General and once we get the guidance we take the immediate action," the National Treasury Nominee stated.
Last week, Members of Parliament had threatened to boycott house business if the National Treasury will not disburse the National Government Constituency Development Funds.
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Minority Leader Opiyo Wandayi said he will move a motion for MPs to refrain from any business until the NG-CDF is disbursed.
Wandayi recalled the second quarter of the financial year when there was no single disbursement made to the constituencies.
"If this house adjourns without a clear indication of when these funds will be disbursed, we stand the risk of going all the way up to the last quarter of the last financial year," he stated.
"I dare say and this is not an empty threat, failure to do that I will be moving the MPs to refrain from talks of recess or any business until the money hits our counties," Wandayi said.
Majority Leader Kimani Ichung'wa told MPs that he will be engaging the National Treasury CS Njuguna Ndungu on the matter while he pleaded with the lawmakers to constitute the NG-CDF committees to alleviate it being used an excuse to delay the disbursement.
"There is nobody in the executive who should imagine that you are doing any MP a favour by disbursing NG-CDF, the funds go directly to the people, our people are not waiting for us to go on recess, they want us to go and process their bursaries for term one school fees" Ichung'wa said.
Speaker Moses Wetangula directed Ichung'wa and Budget and Appropriation Committee Chair Ndindi Nyoro to engage the Treasury CS and issue a statement before the House on 15th November 2022.
The CDF, in an elaborate explanation by Chief Justice Martha Koome, was declared null and void because the kitty offends the division of functions between national and county governments.
