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{
    "id": 666196,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/666196/?format=api",
    "text_counter": 42,
    "type": "speech",
    "speaker_name": "Hon. Gichigi",
    "speaker_title": "",
    "speaker": {
        "id": 1909,
        "legal_name": "Samuel Kamunye Gichigi",
        "slug": "samuel-kamunye-gichigi"
    },
    "content": "Members of the CDF committees of Kikuyu and Ruaraka constituencies filed applications this morning to be joined in that case with a view of giving the face of the CDF and what it is doing. The judge allowed the two committees to be joined in the case, but he indicated that he will not permit them to be heard for this particular application. They are supposed to wait until he has made a determination on the application. They can be heard when the Petition is being heard. First, the Petition has sought to declare the Division of Revenue Bill, which was passed here unconstitutional for dividing the money to the counties after giving money to the Ministries and the CDF. Secondly, it has also sought to declare the National Government Constituencies Development Fund Act unconstitutional based on issues such as separation of powers and involvement of MPs. Those issues are a bit vague. The main issue they are canvassing is the Division of Revenue Bill. The National Assembly is represented by our legal officers led by the Director, Mr. Njoroge. The Senate is not appearing in court. The AG and the National Treasury are represented by a State Counsel from the AG’s Chambers, and the CDF Board is represented by Mr. Waweru and Gatonye Advocates. The advocates of the National Assembly and the State Counsel were heard. The matter was adjourned to Monday for hearing of Mr. Gatonye for the CDF Board as well as reply from the two Non-Governmental Organisations (NGOs). Hon. Shakeel Shabbir is indicating that in the case, and we are not going to its merit or demerit, the face of the CDF has not come out clearly in terms of what it is doing in the constituencies, bursaries and the ongoing projects. Presumably, if this matter had been brought to a serious person, every constituency ought to have sworn an affidavit indicating the impact of that order being given. While we appreciate the fact that the judge indicated he is aware that stopping NGCDF is likely to impact on every part of this country especially on bursaries, the issue is that the face of the NGCDF is not in that court as we speak. My brothers and sisters, I want to remind you that recently there was a similar case for the Affirmative Action Social Development Fund and perhaps it is good to ensure that we give the true picture. The fact is that a Member of Parliament (MP) is no longer a member of the CDF Committee. Our role is oversight. When they challenge that we should not approve CDF Board and committee members, then that does not make any sense. We approve officers like the CS, Chief Justice (CJ) and the Deputy CJ. Those issues ought to come out. We have not lost everything. We should have a Kamukunji to strategise and tell the nation that MPs are no longer CDF committee members. Our role is oversight. We have a role of representing our people and getting resources from the national Government to the ground as well as approving. This debate should take that direction. Finally, we should speak with our colleagues representing the counties. It would be good for our constituencies if these funds are processed to the extent that at any given time, they can be released. If the Budget and Appropriation Bill is passed, if the court gives an injunction against it and we get a few days where there is a window, that money can reach the constituencies. If we stop it at this particular stage, it will have an impact. In the meantime, we are suggesting a Kamukunji, so that we can deal with this issue."
}