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National Assembly of Kenya & Constituency Development Fund Board v. Institute for Social Accountability, Centre for Enhancing Democracy and Good Governance, Senate, Attorney General, Constituency Development Fund Board, Commission for the Implementation of the Constitution & National Assembly

(2017) JELR 98568 (CA)

Court of Appeal  •  Appeal 92 of 2015  •  24 Nov 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

INTRODUCTION

[1] The two consolidated appeals arise from the judgment of High Court – Constitution and Human Rights Division (Lenaola, Mumbi Ngugi and Majanja, JJ.) that was in the following terms:

“(a) A declaration is hereby issued that the Constituencies Development Fund Act, 2013 is unconstitutional and therefore invalid.

(b) The order of invalidity above is suspended for a period of twelve (12) months from the date of judgment.

(c) The National Government may remedy the defect within that period and the Constituencies Development Fund Act shall stand invalidated at the expiry of the twelve (12) months or may be earlier repealed whichever comes first.

(d) Each party shall bear its own costs.”

[2] On 3rd February, 2013, The Institute for Social Accountability (TISA), 1st respondent, filed Petition No. 71 of 2013 in the High Court, Nairobi, alleging that the Constituency Development Fund Act, 2013 (CDFA) was in breach of the Constitution for various reasons, and sough…

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