JUDGMENT
A. Introduction
The petition of appeal before the court is dated December 29, 2017 and lodged on January 2, 2018. It is brought under the provisions of article 163(4)(a) of the Constitution, section 15 (2) of the Supreme Court Act, No 7 of 2011, and rule 33 of the Supreme Court Rules, 2012 (repealed). The appeal challenges the judgment and orders of the Court of Appeal (Githinji, Okwengu & GBM Kariuki JJA) in Appeal No 92 of 2015 delivered on November 24, 2017, which partially allowed an appeal against the decision of (Lenaola (as he then was), Mumbi (as she then was) & Majanja, JJ) in High Court Petition No 71 of 2013. On its part, the 1st respondent filed a cross-appeal vide its notice of cross-appeal dated December 6, 2019 also partially challenging the appellate court’s finding.
B. Background
The genesis of this matter can be traced to the introduction of the Constituencies Development Fund (CDF Fund) in 2003 vide the now-repealed Constituencies Development Fund Act, 2003 (CD…