Why is Chief Justice Martha Koome Allowing MPs to Steal NG-CDF Money?

12 mins read

Something very strange is happening with the Chief Justice of the Supreme Court, Martha Koome. On August 8, 2022, five Supreme Court Judges ruled unanimously to declare CDF as presently constituted as illegal.

The ruling barred Treasury from releasing that money to MPs who obviously use it as pocket money while pretending to be paying bursaries for school kids when there is not a single MP who keeps a record of the alleged school kids who consume the Shs. 100 million given to them every year.

By that ruling signed by Justices of the Supreme Court including Martha Koome herself if the Kenya government releases the CDF money to MPs, they are doing so illegally. What consequences will the Executive head William Ruto face for illegally throwing taxpayer money to MPs? What will be the consequences for the MPs illegally receiving the money and stealing it?

We know that a chicken thief in Nakuru is going to jail for 4 years at Kamiti right on the first day of his hearing, but how about the Ruto government illegally handing Shs. 50 billion to MPs? How about the MP thieves taking all that money for personal use? Do we have a Judiciary and Justice system in Kenya that can effectively address those concerns that many Kenyans have? When are they going to show up and do their job?

When MPs started the process to grab the CDF money despite the illegality that would involve, a group of Kenyans took the case to the courts to block any such move. One of the three judges appointed to hear that case withdrew from the case and the matter was referred back to the Chief Justice to appoint a third judge so the matter could be resolved. Months later, that case cannot be resolved in court because up to now the Chief Justice has failed to appoint the third judge.

The MPs realizing that the Chief Justice is sleeping on her job, have now decided to just grab the money. Can the Chief Justice come clean to Kenyans and appoint the court to hear this matter or maybe she can reverse her own ruling and declare that the MPs can just take the money and use it as they wish?

And once this matter comes to court, Kenyans are going to demand full accountability for the money being released to the MPs illegally and make the courts understand that the court rulings should not be in vain where rulings are made and the politicians, in this case, the Executive and Parliament just trash court rulings because they take them as jokes from the court.

Is Kenya back in the days of Chief Justice Bernard Chunga who turned Kenyan courts into a complete joke first as Moi Chief Prosecutor who put everybody in jail for Moi and later as Moi Chief Justice? If that is the case we can live with it because we have done so before and overcame it. It is not a big deal but we need to know what Martha Koome is up to as the Chief Justice of our Supreme Court.

The Law Society of Kenya (LSK) who have also joined the case as interested parties has publicly asked the Chief Justice to appoint the judges to take up the case without any further delays but that has fallen on deaf ears. How long is this charade from the Supreme Court boss going to continue and be tolerated by Kenyans as the MPs steal Kenyan taxpayer money?

From the news on Wednesday, MPs are going to clean up all the billions in the CDF account in a few weeks if they get their wish. According to the news, NG-CDF committee Chairman Musa Sirma addressed the press after a closed-door meeting in Mombasa on January 25, 2023 to tell them the money has been released.

The controversy surrounding the disbursement of CDF funds between the Treasury and Members of Parliament was on Wednesday resolved following a closed-door meeting led by National Assembly Speaker Moses Wetangula.

The legislators, led by NG-CDF committee Chairman Musa Sirma, said the government has released Ksh.4 billion and will release a further Ksh.2 billion on Thursday.

The MPs are now set to extend their induction workshop to Saturday to cover for days lost to the stand-off.

“Wameomba msamaha kwa kukosa kutupatia pesa vile waliahidi. Kufikia leo, tumepata pesa kama bilioni nne, wiki ijayo tutakuwa tumefikisha bilioni 14 na tutakuwa tumekaribia ile pesa ya kutoa basari,” said Sirma, who is the Eldama Ravine MP.

His Emuhaya counterpart Omboko Milemba stated: “Spika amekuja na kuleta suluhu kwamba hizi pesa zimeanza kutumwa katika accounts ya kila constituency.”

Kiharu MP Ndindi Nyoro, on his part, said the National Treasury had to release funds meant for public primary and secondary schools which also caused the delay.

“These delays have been occassioned by the timing; we have our schools reopening, and the government facilitates every pupil and student with capitation money. This is a very urgent need for the government,” said Nyoro.

Kipipiri legislator Wanjiku Muhia chimed in: “Tunataka kusema hata hizo siku mbili Wakenya wasione hatujakuwa tukifanya kazi… tumekuwa kazi tukiwatetea na haki yao.”

So here we are. Ruto’s new boy for the Treasury job Mr. Ndungu Njuguna whom he picked from the crap heap of the Treasury after being fired before is now being ordered by the president to commit an illegal act of transferring Shs. 50 million to MPs to spend and squander as they wish. This is a criminal act against Kenyans. Thieves, Thieves everywhere but how about Kenyans fighting back because they are going to do just that. Watch them hit back at the executive crooks.

By the end of next week, the MPs expect to have received at least Ksh.50 million meant for bursaries and other administrative expenses, as they say, thousands of applications are at their desks awaiting disbursements.

Kenyans can a100% be very sure of one thing on this NG-CDF matter. No MP or state official is going to be held to account for the Shs. 50 million NG-CDF money the MPs are expecting starting today. All the money will be used to “pay” imaginary bursaries of unnamed fictitious school kids which means all that money is heading to the MPs pocket straight from the Treasury.

That is what the Ruto government wants, that is what the MPs want and that is what our judiciary including our Chief Justice is facilitating at the moment. It is completely unacceptable.

There is a reason all the MPs are now saying the entire CDF is for bursaries. They think Kenyans will identify with that and support it. The real issue is that alleging that the money has been used for bursaries is the easiest way to steal the money. If all the CDF money is for bursaries and school expenses, let the Parents’ Associations run them with the teachers and students. It would be run better. Why do the MPs want the CDF money? Because they can have it for free. That is why.

The strangest thing in all this legal debacle by all parties involved is that the Kenyan parliament having realized that ND-CDF is now illegal has started a process of introducing new parliamentary laws to legalize this theft of public money.

Parliament is introducing new laws to give the CDF money to MPs “legally” even as they steal it now. That new law should go through the court system on the matter and go through public hearings and participation but with a completely sleepy Supreme Court, why is that even necessary? Just do whatever you want if you are politicians in power.

Our judiciary is dead. That may work for a few years but it never works for long. That is our history as a country for more than 60 years.

When this matter comes to court eventually when the Chief Justice feels like doing her job, Kenyans are going to ask for every receipt and evidence on what the money being allocated right now and before has been used for. That is next. And Kenyans have noticed one thing. When it comes to stealing taxpayer money like CDF, there is no Azimio or UDA MP. They all want the money and they want it very fast. That tells you where that money goes.

Supreme Court seals the fate of CDF



The Supreme Court has sealed the fate of the National Government Constituency Development Fund (NGCDF) ruling that the Act, which was enacted in 2013 and changed in 2015, is unconstitutional.

A bench of five judges led by Chief Justice Martha Koome ruled that the CDF Act violates the principle of separation of powers, hence is unconstitutional.

Each constituency receives at least Sh100 million every year and the legislators have used the kitty for community development projects.

“A fund directed at service delivery mandate can only be constitutionally complaint 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,” the judges including Justice Koome, Deputy Chief Justice Philomena Mwilu, Smokin Wanjala, Njoki Ndung’u and William Ouko said.

Adongo Ogony is a Kenyan Human Rights Activist and a Writer who lives in Toronto, Canada

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