By Jones Gadama
In a landmark judgment, the Constitutional Court has nullified guidelines for the Constituency Development Fund and Water Resource Fund (CDFWRF) introduced in 2022, declaring them unconstitutional.
A panel of three judges ruled that the guidelines violate principles of the Constitution.
The court also declared as unconstitutional a provision that allows Members of Parliament (MPs) to have voting rights in local councils, citing inconsistency with the Constitution.
The judges argued that MPs’ role in managing the Constituency Development Fund (CDF) compromises their oversight function.
According to the judgment, the Court has ordered the removal of MPs’ role in CDF as responsible for selection, implementation, and monitoring of projects. This decision aims to ensure that MPs’ oversight function is not compromised and that the management of CDF is conducted in a constitutional manner.
The ruling is expected to have significant implications for the management of CDF and the role of MPs in local councils.
The judgment underscores the importance of upholding constitutional principles and ensuring that governance structures are aligned with the Constitution.
