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CIC: CDF Act is unconstitutional

06 August 2013, 17:05 James Kabotia

Constitution Implementation Commission (CIC) has warned Treasury against releasing constituency development fund (CDF) saying the officers will be held accountable for implementing illegality.

'CDF Act is unconstitutional'

According to senior program officer Valerie Okumu, the CDF Act is unconstitutional and any officer who implements an unconstitutional Act will be held solely culpable.

Addressing a media personality during a workshop on coverage of senate parliamentary proceedings and devolution at Izaak Walton Inn in Embu, the CIC officer termed the CDF Act as unconstitutional.

Okumu said that parliamentarians cannot legislate and at the same time execute the services and warned that the Act is illegal and cannot be condoned in its current form.

She said that the constitution is explicit on each and every arm of the government's role saying that those who will be found having contravened the constitution will be held liable.

“I want to put the officers of Treasury on notice that they will be held liable if they act on unconstitutional law; we must start following the law as it's written,” She warned.

Okumu said that it would be in bad faith for a legislator to pass a law which will not pass the test of integrity.

Nullify Act; put constitution in its proper setting

The CIC officer said that she hoped that court nullifies the Act and puts the constitution in its proper setting.

“I hope the court will nullify the Act and dismiss it since it's unconstitutional and it will be unfair to allow the MPs to continue administering the constituency development fund,” She exuded.

At the same time, CIC cautioned senators and governors not to rush to give county governments more funds.

Constitutional amendment 'not a walk in the park'

The constitution implementation commission program officer said that the two groups should go slow on the matter and try to deal with the issue diplomatically instead of calling for referendum.

She said that amendment on the constitution this early in the day is unwarranted.

“What we require right now is goodwill to implement the constitution; all stakeholders should be actively involved in bridging animosity. Constitution amendment is not a walk in the park,” She pointed.

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