Institute for Social Accountability & another v National Assembly & 5 others (Petition 1 of 2018) [2022] KESC 39 (KLR) (8 August 2022) (Judgment)
- Court
- Supreme Court of Kenya
- Case number
- 39
- Citation
- [2022] KESC 39 (KLR)
- Decided
- 8 August 2022
Summary at a glance
TypeConstitutionality ChallengePostureAppeal from the Court of AppealCoramMK KOOME, P.M MWILU, S.C WANJALA, NJOKI NDUNGU, W. OUKO
The CDF Act is declared unconstitutional.
Facts
The case involved the constitutionality of the Constituencies Development Fund Act, 2013 and its amendments, and whether the National Assembly's role in the Act violated the division of functions between national and county governments.
Issues
- Whether the CDF Act violated the division of functions between national and county governments.
- Whether the CDF Act violated constitutional principles on public finance.
- Whether the CDF Act violated the principle of separation of powers.
- Whether the appeal before the Court of Appeal was moot.
Reasoning
The court found that the CDF Act violated the principles of separation of powers, division of functions between national and county governments, and constitutional principles on public finance.
Outcome
The appeal is allowed.
Orders
- Declaration that the CDF Act is unconstitutional.
- Each party to bear their own costs.
Authorities cited
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