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{
    "id": 1514154,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1514154/?format=api",
    "text_counter": 537,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samuel Chepkong’a",
    "speaker": null,
    "content": "Two, the entrenchment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its oversight functions, as stipulated in Article 96 of the Constitution. The third Fund that we are seeking for entrenchment in the Constitution is the National Government Affirmative Action Fund (NGAAF), which seeks to ensure that affirmative action groups, including women, youth, persons with disabilities, vulnerable children and elderly persons, have access to minimum financial facilities required for the promotion of enterprise development and provision of social development services at the constituency and county levels. It is important for me to set out the general history of this Fund. The Constituencies Development Fund (CDF) was first established under the Constituencies Development Fund Act of 2003 and later replaced by the Constituencies Development Fund Act of 2013. Over the years, the CDF has evolved into a critical mechanism for addressing the development needs of the constituencies. On the legal challenges that the Fund has faced over time, the framework has faced a number of constitutional challenges in our courts. In Petition No. 71 of 2013, Institute of SocialAccountability & Another v. National Assembly & 4 Others, the High Court, in its judgement delivered on 20th February 2015, declared the Constituencies Development Fund Act of 2013 unconstitutional. The Court held that the CDF Act 2013 violated key constitutional principles, including the separation of powers, division of functions and public finance principles. Despite the judgement, the Court suspended the declaration of invalidity for 12 months to allow Parliament to enact remedial legislation or wind up the ongoing projects under that particular legislation."
}