CJ Martha Koome Reveals Why Supreme Court Declared CDF Illegal

Chief Justice of the Supreme Court of Kenya Martha Koome has made public the reasons why the Supreme Court declared the Constituency Development Fund (CDF) illegal.

Koome, while addressing Senators on Thursday in Naivasha as one of the speakers, said the fund violates the division of responsibilities between the national and county governments.

Koome also used the opportunity to reveal that it was for the same reason that the Supreme Court declared the CDF illegal.

“More recently in the CDF Case (2022), the Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments,” she said.

“In addition, it was the position of the Court that it offends the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties,” added CJ.

CJ further called on the senators to take responsibility to protect their constitutional mandate to manage the devolved units.

At the same time, she said devolution is a constitutional project that must be protected by all means.

“The Courts serve a protective role by guarding the institutions established to engender the project of devolution of governance. The Courts have been the foremost defenders of devolution. In every instance when devolution has been threatened, the courts and specifically the Supreme Court has stepped in to defend the spirit of devolution,” she said.