Nairobi — Members of Parliament have castigated the statement by the National Treasury that the National Government Constituency Development Fund(NG-CDF) has been delayed due to pending advisory opinion by the Attorney General.
Minority Leader Opiyo Wandayi stated that once budget estimates have been passed and approved in the Appropriation Act it is incumbent for National Treasury to disburse the Sh44.3 billion passed.
“You will realize that there is nothing that has been committed by CS Treasury in terms of the disbursement. There is no evidence that the National Treasury CS has been served with an order stopping them from disbursing the NG CDF funds,” he said.
The Minority Leader mentioned that National Treasury was hellbent to disburse the funds guided the Appropriation Act.
“This house doesn’t act in vain; we don’t come here and sit. We come here to do serious business and there’s nobody under the sun who can veto what we have passed unless the court of law expressly guides otherwise,” Wandayi stated.
In a statement sought over the matter, Majority Leader Kimani Ichung’wa told MPs that the delay in disbursement has been caused by the pending advisory by the government advisor.
Ichung’wa further outlined government transition following the August 9 polls as well as the delay of the disbursement of funds by the International Market Fund had occasioned the delays.
The Majority Leader stated that once the AG gives nod to the disbursement of the fund they will release Sh2 billion weekly commencing November 21 to address the shortfall in the delay.
“National Treasury avers that they are preparing following the approval of the Attorney General. Subject on the opinion of the Attorney General the National Treasury will embark on a disbursement plan aimed at disbursing at least Sh2 billion to help catch up,” Ichung’wa stated.
Nominated MP John Mbadi questioned the delay saying there’s was no ambiguity in law to compel the National Treasury to seek advisory on the matter.
“I want to tell the Majority Leader to advise the Executive that the law is with them. The 2015 Act has not been ruled on and that there’s an Appropriation Act and therefore they will not be disbursing the funds illegally,” Mbadi said.
Wandayi expressed that the Supreme Court ruling was straight forward and there was no need to take the house in circus.
“Court don’t give order to be interpreted by laypersons. Therefore, the idea that the National Treasury CS is still seeking advise from the Attorney General on this straightforward matter is to take the House on a circus,” he said
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Manyatta MP John Mwaniki lamented that the delays are disrupting the education of children from needy households warning that students sitting for KCSE awaiting the busaries will be affected.
“We have form four in school who are starting exams very soon and we have many people awaiting that money. If it delays for three weeks, Form Four will not be able to do exams,” said Mwaniki.
Former Treasury Cabinet Secretary Ukur Yatani had announced that funds will not be disbursed to the Constituency Development Fund (CDF) after it was declared illegal by the Supreme Court.
Last week, Members of Parliament had threatened to boycott house business if the National Treasury will not disburse the National Government Constituency Development Funds.
Wandayi said he will move a motion for MPs to refrain from any business until the NG-CDF is disbursed.
Wandayi recalled the second quarter of the financial year when there was no single disbursement made to the constituencies.
“If this house adjourns without a clear indication of when these funds will be disbursed, we stand the risk of going all the way up to the last quarter of the last financial year,” he stated.
“I dare say and this is not an empty threat, failure to do that I will be moving the MPs to refrain from talks of recess or any business until the money hits our counties,” Wandayi said.
The CDF, in an elaborate explanation by Chief Justice Martha Koome, was declared null and void because the kitty offends the division of functions between national and county governments.
