The Constituency Development Fund (CDF) could be completely declared invalid if the government does not move to rectify defects that make it unlawful within 12 months, a High Court has ruledThe court on Friday declared the CDF Act unconstitutional and therefore invalid, but gave the government 12 months to make the necessary amendments failure to which it will be nullified.
In making the ruling, the three-judge bench said they had given the government one year to make the necessary amendments while at the same time allowing ongoing projects to be completed.
The court also noted that by giving the grace period, it would allow for the budget cycle to run without being interfered with.
The Institute for Social Accountability (TISA) and Centre for Enhancing Democracy and Good Governance (CEDGG) had filed a petition challenging the constitutionality of the CDF Amendment Act, 2013.
A three-judge bench of Justices Isaac Lenaola, David Majanja and Mumbi Ngugi has been hearing the case.
The petition was filed on the grounds that the CDF Act was undermining devolution by infringing on the principle of separation of power and public finance.