Mumias East Member of Parliament (MP) Peter Salasya has faulted Kenyan youths endorsing the court’s decision that declared the National Government Constituency Development Fund (NG-CDF) Act 2015 unconstitutional.
Salasya, in a video shared on his Instagram account on Monday, September 23, 2024, said that the majority of the youths castigating the removal of CDF funds went to schools that were built using the funds.
He went on to say that any project in schools was financed by the CDF and also the construction of the village administration offices and police station.
“I want to speak to the young people who are castigating that the CDF to be removed yet most of them wamesomea kwa classes zimejengewa na CDF. Hizo classes in primary schools zinajengwa na CDF also majority of the secondary schools were built by the CDF and any project in schools are being done by the CDF,” Salasya said.
“The office of the chief and assistant chief, police station are being constructed by the CDF.”
Additionally, Salasya accused those against the CDF of being misinformed to think that the fund only caters for bursaries adding that they should be patient to wait for the introduction of free education and the funds would automatically scraped off.
He further stated that MPs are not directly involved in the management of CDF since there is a board that monitors and approves the projects under the fund.
“Some people think pesa za CDF ni ya bursaries pekeyake na ni vijana wadogo wenye wamesoma sasa wanataka watoto wenyemeza wasome wapi na wengi hawana pesa ya kuwapeleka private schools. Mungengoja pesa za bursaries walete free education hii kitu ingetoka automatic,“
“CDF zikitotewa nani atajenga primary, secondary schools, KMTC, IIT? There is nowhere MP is included in CDF. We are only there to push those projects to be completed on time na CDF ikifail inachukuliwa back to the CDF board yenye inaapprove and you cannot do any CDF project without the approval from the CDF board,” he added.
The youthful lawmaker further disclosed that the MPs will entrench CDF in the constitution.
“We shall entrench CDF in the constitution ata nitakapotoka kuwa MP it will still help our people. Leaders are chosen to lead so we shall lead you in an appropriate way,” Salasya said.
CDF unconstitutional
On Friday, September 20, 2024, the High Court declared the National Government- Constituency Development Fund (NG-CDF) Act 2015 unconstitutional.
A three-judge bench of Justices Kanyi Kimondo, Mugure Thande and Roselyne Aburili said the fund and all its projects, programs and activities will stop operating on June 30 2026.
This is after Activist Wanjiru Gikonyo challenged the fund, which was formed after the old CDF Act was quashed by the High Court.
Gikonyo wanted the court to declare NG-CDF unconstitutional on the grounds that it creates a third layer of governance that is not in the Constitution.
In his application, Gikonyo argued that the NG-CDF Act is unconstitutional as it violates the principles of separation of powers.
While delivering the judgement, the judges said the value of its programs to the local communities across 290 constituencies cannot be gained.
The court further said they were alive to the fact that there are short, medium and long-term projects being implemented by the fund.
“In finding that the 2015 act as last amended in 2023 is unconstitutional, it will not be in the interest of the nation or justice to bring it to an abrupt closure”, the judges said.
The fund has been in operation since 2003.
