[The Supreme Court of Kenya in past proceedings. It will determine the fate of CDF kitty which is under MPs. Photo/Nation]
The Supreme Court of Kenya will yet again handle another high profile case in as many months following the decision by two organizations to challenge the constitutionality of CDF funds.
The two, Institute of Social Accountability and Center of Enhancing Democracy argue that appellate court's decision in November erred by failing to find the CDF act unconstitutional.
Judges Erastus Githinji, Hannah Okwengu and GBM Kariuki had found that the act offends the principles of separation of power, but insisted that the fund will not interfere with county government's planning.
Initially, the High Court had found the Act establishing CDF illegal but suspended the law for one year to allow parliament to align it with the constitution.
After handling two presidential election petitions within three months, Chief Justice David Maraga will yet again constitute a bench that will hear and determine the fate of CDF.
Also, Supreme Court made a landmark ruling on the law of death penalty, which was eventually declared unconstitutional.
Members of Parliament act as patrons and matrons of the kitty which was established in 2003 through parliament.