JUDGMENT OF THE COURT
INTRODUCTION
[1] The two consolidated appeals arise from the judgment of High Court – Constitution and Human Rights Division (Lenaola, Mumbi Ngugi and Majanja, JJ.) that was in the following terms:
“(a) A declaration is hereby issued that the Constituencies Development Fund Act, 2013 is unconstitutional and therefore invalid.
(b) The order of invalidity above is suspended for a period of twelve (12) months from the date of judgment.
(c) The National Government may remedy the defect within that period and the Constituencies Development Fund Act shall stand invalidated at the expiry of the twelve (12) months or may be earlier repealed whichever comes first.
(d) Each party shall bear its own costs.”
[2] On 3rd February, 2013, The Institute for Social Accountability (TISA), 1st respondent, filed Petition No. 71 of 2013 in the High Court, Nairobi, alleging that the Constituency Development Fund Act, 2013 (CDFA) was in breach of the Constitution for various reasons, and sough…