This archive report was first published on 5 August 2020.
On August 5, 2020, the Supreme Court made a significant ruling in a case that has been questioning the legality of the Constituency Development Fund (CDF).
A petition filed by two lobby groups will now proceed to full hearing after the judges dismissed an application by the CDF Board to strike it out on a technicality.
The judges, led by Chief Justice David Maraga, ruled that the board's application was in bad faith due to its timing.
The board had argued that the case would cause miscarriage of justice to other parties because it lacked copies of the Court of Appeal proceedings recorded by retired judge GBM Kariuki.
However, the judges found that the board was aware of the challenges faced by the lobby groups in obtaining the proceedings and that the issue had been raised with the court's deputy registrar.
The appellants are seeking a declaration that the CDF Act is unconstitutional, as it assigns functions that are the exclusive responsibility of counties to the national government.
