HakiPensheni

Judge Isaac Lenaola during court proceedings where both IEBC and Safaricom accepted to grant the Coalition of Reforms and Democracy documents they wanted to consolidate their election petition on March 3, 2013. Judges Isaac Lenaola, Mumbi Ngugi and David Majanja have allowed a lobby group to amend its petition challenging the Constituency Development Fund Act passed by the National Assembly last year. PHOTO | FILE   NATION MEDIA GROUP

In Summary

• The group is seeking to have the CDF Act declared unconstitutional on grounds that its enactment was illegal and that some sections were inconsistent with the Constitution

By Nation Reporter
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A lobby has been allowed to amend its petition challenging the CDF Act passed by the National Assembly last year.

Judges Isaac Lenaola, Mumbi Ngugi and David Majanja ruled that the request by the Institute for Social Accountability was justified, given that MPs had amended the Act in August 2013 and it would be in the interest of justice to determine the new contentious issues in the Act.

“We are satisfied that the petitioners have made out a case against the decision to amend the CDF Act,” ruled the judges.

The group is seeking to have the CDF Act declared unconstitutional on grounds that its enactment was illegal and that some sections were inconsistent with the Constitution.

They also want the management of the funds taken away from MPs.

“The National Assembly also failed to facilitate any meaningful public participation as required by the Constitution,” the petitioners said.

The judges directed them to serve the new petition to the National Assembly, Senate, Attorney-General and the CDF Board before the hearing on March 6.