Lawyer Lempaa Suyianka: Mps’s Attempt To Reintroduce CDF Is Doomed To Fail.

File image of the Parliament buildings in Nairobi. [Photo | Courtesy]

The National Assembly’s attempt to reintroduce the Constituency Development Fund (CDF) is doomed to failure, according to the Lawyers who defended the victorious petitions against the fund.

Although lawmakers are drafting a measure to include the fund in the constitution, opponents of the fund think that the Supreme Court’s ruling on the issue may have put the topic to bed for good.

“It will fail badly on every floor. To try to reinstate CDF is a fruitless endeavor and a fool’s errand, according to Lawyer Lempaa Suyianka, who was a member of the legal team that argued against CDF in court before it was ruled illegal.

After being denied access to a fund that had established itself as a crucial grassroots resource in the 13th parliament, MPs are now calling for a constitutional amendment to reinstate CDF.

“Perhaps the deity they are praising is a different one than the one the poor worship. On this issue, the constitution cannot be amended by a parliamentary procedure, Suyianka continues.

MPs are bemoaning the increased rates of school dropouts as a result of the CDF monies’ holdup since July of this year. The fund was created to support activities of the federal government.

Omboko Milemba, the MP for Emuhaya, declares that “in my district, there have been many reports of dropouts due to a shortage of school fees; if this continues as it is, there would be a major crisis.”

Although the lawmakers have vowed to stop working, the fund’s opponents have not changed their minds.

“We are not threatening a strike by MPs, but we will not conduct house business until funds are released,” Milemba continues.

Suyianka replies, “We are telling you, come baby come, go ahead and violate the law that put you in office..endeni maandamano endeni.”

The fund is not the only thing that MPs want back; they also want to treble it, from a minimum of Ksh. 103 million per constituency to Ksh. 200 million or more.

According to Matungulu MP Stephen Mule, “We intend to have CDF in the law by the end of February or early march.”

Njuguna Ndung’u, the newly appointed Treasury Cabinet Secretary, is caught in the conflict between the two factions, one of which is pushing for the release of monies that have been deemed unlawful by the court while the other is demanding strict adherence to the Supreme Court’s ruling.

“We are advising Prof. Njuguna Ndung’u to simply obey the law. Suyianka says, “Tell MPs to go read the constitution.

In particular, Omboko states, “We are not making empty threats to finance CS Ndung’u provide the money by the time we get to recess.”

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