County assemblies barred from revenue share case

The Supreme Court on Wednesday barred the County Assemblies Forum from being a party in the division of revenue case filed by the Council of Governors.

However the top court allowed the Law Society of Kenya and the Katiba Institute to be parties in the petition.

While granting both speakers of the National Assembly and the Senate two weeks for the houses to file a report on the status of the legislation of the Division of Revenue Bill, the apex court judges said the matter revolves around separation of powers.

And for the third time, the top court judges gave the two houses more time to hold talks and hopefully get into an agreement on the way forward of the division of revenue bill which relates to counting funding.

The judges agreed to postpone the case to a later date while urging the National Assembly and the Speaker to take up their legislative powers in a case in which county bosses sought an interpretation of the division of revenue bill at the top court.

“We reluctantly adjourn this matter in the following terms; both Speakers should file a report either jointly or separately on the status of the legislative process to solve the current crisis,” said Chief Justice David Maraga.

The CJ added: “we urge them to discharge their legislative mandate to avert a constitutional crisis on the matter, we do not want to interfere with the legislative process.”

The judges issued the directive after the Senate told court that is was waiting for the National Assembly while claiming that there has been no mediation over the disputed bill.

According to the National Assembly, it does not want the Supreme Court to hear and determine the matter considering that it is touches on the legislative process.

But the Attorney General told court that both houses need to show sufficient goodwill considering that it is a delicate matter that affects operationalisation of county governments.

While the judges also agreed that there is a real stalemate they insisted that both houses should amicably deal with the matter.

At the same time, the judges allowed the Commission of Revenue Allocation, the Law Society of Kenya, the Council of Governors and the Katiba Institute to be parties in the case.

However, they barred the County Assemblies Forum from participating in the legal battle before setting the matter for a mention on August 15 for further directions.

In the suit, County bosses claim that devolution is not possible without fiscal support from the national government.

The key problematic issues which they want the top court to provide solutions include the role of the Senate in the legislative function of Parliament, vote heads in the national government budget for devolved functions, conditional grants besides the division of the revenue bill.

But the National Assembly Speaker Justin Muturi wants the case dismissed.