CIC to challenge county revenue law in court

PHOTO | FILE CIC chairman Charles Nyachae.

The Commission for the Implementation of the Constitution will challenge in court the enactment of the County Allocation of Revenue Bill into law by President Kenyatta last Friday.

The commission said there were provisions in the new law that went against the Constitution and thus the need to repeal it or amend the contentious sections.

CIC chairman Charles Nyachae said the President failed to consider the commission’s advice that pointed out the “unconstitutional sections” hence their legal action.

“We wrote to the President asking him not to assent to the bill because we noted a number of issues that needed to be addressed first but our input was not considered at all,” the chairman said Monday when he launched a 100-day Rapid Results Initiative on the implementation of the Constitution at the University of Nairobi.

Following Mr Kenyatta’s action, the commission tasked with ensuring full implementation of the constitution said they will seek legal redress in the courts.

“We are saying the Bill as is violates the Constitution. We will be forced to seek address in the court to resolve this. At the end of the day a solution has to be found,” he said, also revealing that they will also try to talk with the members of parliament to see if they can amend the Act.

On August 8, a day before the Presented signed the bill into law, Mr Nyachae wrote to President Kenyatta, Senate Speaker Ekwee Ethuro and his National Assembly counterpart Justin Muturi asking that the Bill be returned to National Assembly to clear it of the violating provisions before assent. The commission was concerned about a clause in the Bill that required the national government to top up from its share of revenue the cost of devolved functions in situations where the allocation to a county is not commensurate with the cost of devolved functions.

“In our considered opinion, this clause negates the provisions of Article 6 on the distinctiveness of the two levels of government and articles 202, 203, 217 and 218 on the division of revenue in that it obliges the national government to allocate further funds from its own allocation to county governments outside the framework established by the constitution and the Public Finance Management Act. Indeed, as it currently stands, the clause completely defeats the essence of division of revenue between the two levels of government,” said Mr Nyachae in the letter.

Mr Kenyatta said he hastened the enactment of the law to enable governors speedily implement their programmes and deliver services to the people.

Mr Nyachae was also concerned about the continuing drafting of the various proposed laws without involving CIC yet it was mandated to make input in the development of any law. He said CIC was not involved in the drafting of the CDF (amendment) Bill, yet to be assented to, that was hurriedly passed by the House last Tuesday.

The UON initiative aims at making aware students, the academic and the non-academic staff on the importance of the various provisions of the Constitution and their contribution towards implementation.