MP claims back tractor

In 2018 our member of parliament (MP) bought a tractor for use by small scale farmers in our constituency. He told us that it was a grant from his personal savings but our Councilor is telling us that the tractor was bought from the constituency development catalyst fund (CDCF). In 2020 the MP was fortunately not re-elected, and in January 2021 he ordered the tractor to be parked at his residence claiming that it is his. Villagers ignored his orders as they knew that his intent was to sell it. Assuming the tractor was bought from CDCF, could the former MP take it or sell it? Who controls the property bought by CDCF? If it was a grant would your response be different?
KT, Dar

The Constituency Development Catalyst Fund (CDCF) was established in 2009 by the Constituency Development Catalyst Fund Act, 2009. CDCF was established for the purposes of development projects in every electoral constituency. Section 14(2) of the Act, clearly states that where a project in a constituency involves a purchase of equipment, such equipment shall remain for the exclusive use of that constituency and in the event of disposal of such equipment the amount realised shall be paid into the account of that constituency. Thus, if the tractor was bought by CDCF, the former MP is prohibited by law from either taking it back or selling it as this is not his personal property.

The CDCF and all assets and projects funded by it are managed by a committee chaired by the elected MP and other members namely District Planning Officer who is the Secretary to the Committee, two councillors at least one being a woman who are residents of the constituency, two Ward Executive Officers who are residents of constituency and one person nominated by the Committee from amongst the active NGOs in the area, if any.

For proper management of the CDCF bank account, section 14(1) of the Act makes it very clear that all payments from the CDCF should be made by way of cheque and the MP is not a signatory to the constituency bank account.

If the funds were not from CDCF, then it will depend on what the conditions of the grant were that will determine whether or not the former MP can take it back. Unfortunately, we don’t have the required details to fully answer this part of the question.