Nyeri Kenya Union of Post Primary Education Teachers (Kuppet) executive secretary Francis Wanjohi has called for respect of the recent verdict by the Supreme Court that declared Constituency Development Fund (CDF) unconstitutional.
Wanjohi while faulting the landmark decision said stakeholders in the education sector and Members of Parliament should abide by the ruling as they seek alternative ways of accessing funds to ensure millions of school children who were beneficiaries of the fund do not drop out of school.
“The Supreme Court has pronounced itself in regard to the validity of the Constituency Development Fund and subsequently termed the same unconstitutional. Members of the National Assembly and education stakeholders would have wished the fund to continue since it was a lifeline to millions of school-going children whose fate now hangs in the balance. Be that as it may, we have to respect the ruling of the court and seek for alternative ways of ensuring the affected children continue accessing quality education,” he said.
Two non-governmental organisations, the Institute for Social Accountability (TISA) and the Centre for Enhancing Democracy and Good Governance (CEDGG) moved to the Supreme Court and successfully argued that CDF was unlawful as MPs are involved in.
This was after the Appellate court had given the fund a lifeline after quashing an earlier decision of the High Court that had found the fund illegal in 2015.
In their ruling, the Supreme Court judges ruled that it was against the spirit of the constitution to allocate money to the kitty before the division of revenue between the national and county governments.
The judges similarly averred that CDF was an affront to the tenets of division of functions between the separation of roles between that national and county governments.
“A fund directed at service delivery mandate can only be constitutionally compliant if structured in a manner that does not entangle members of Legislative bodies and Legislative bodies in the discharge of the service delivery mandate however symbolic,” read part of the ruling.
The matter did not become any better after Treasury CS Ukur Yatani said he will now be seeking advice from Attorney General Kihara Kariuki while maintaining that his ministry’s position remains in tandem with the Supreme Court declaration.
“As far as I am concerned the Supreme Court has pronounced the CDF as it is, is illegal and therefore we are not going to disburse funds but we will seek advice from the Attorney General for further direction because I know it is a very sensitive matter and one that members of the National Assembly hold dear,” said Yatani during a retreat for MPs held in Naivasha last week.
“Whatever advice we will get from the Attorney General, is what we are going to go by but as it is it has been rendered illegal.”
But Wanjohi has lamented at the court ruling which he claims will literally affect every aspect of learning across the country including improvement of physical amenities such as classrooms, dorms and laboratories.
He noted that by declaring the fund a nullity, the court left the education system in limbo where both parents and school administrators will have to look for alternative means in funding crucial projects such as purchasing of school buses and expanding infrastructures.
“We know the Constituency Development Fund played a crucial role in the running of education centres such as footing school fees for needy children to building physical infrastructures such as classrooms and dormitories. With its death, goes the hopes of hundreds of needy children who had been dependent on bursaries from the kitty to ease the burden of school fees. This will definitely impact negatively in a big way going forward,” he added.
