Mutungaroo Court Gets a Lifeline to Redeem Its Shuttered Image

Senators address a news conference following the announcement that President Kenyatta had assented to the Division of Revenue Bill June 11, 2013. They have filed a petition to challenge the presidents assent to the bill. Photo/File


Senate petitions Kenyatta’s assent to Revenue Allocation Bill

Senators have filed a petition at the Supreme Court challenging President Kenyatta’s assent to the Revenue Allocation Bill.

The Senate is seeking the advisory opinion of the High Court on ten constitutional points, among them the meaning of a “Bill” concerning county governments and whether parliament followed the right constitutional procedure in passing the bill.

The Senate had interrupted its Tuesday evening sitting to go into an emergency session to discuss President Kenyatta’s move to assent the Division of Revenue Bill, which allocates Sh210 billion to county governments.

The Senate wanted Sh258 billion allocated to the counties.

The senators, who were still pleading with the President to reject the Bill, got the shock of their lives when Mr James Orengo (Siaya) notified the House that the Speaker of the National Assembly, Mr Justin Muturi, had announced that the Bill had been assented to.

By einstein Posted in kenya

5 comments on “Mutungaroo Court Gets a Lifeline to Redeem Its Shuttered Image

  1. Supreme Court enjoins CIC, LSK in Senate petition

    The Supreme Court has allowed two institutions to offer their advice in the dispute between the Senate and National Assembly over devolution and allocation of funds to county governments. Read (Senate petitions Kenyatta’s assent to Revenue Allocation Bill)

    A two judge bench of Justices Jackton Ojwang and Mohammed Ibrahim admitted the Constitution Implementation Commission (CIC) and the Law Society of Kenya (LSK) to the petition by the Senate seeking an advisory opinion on the legality of the Division of Revenue Bill.

    The judges however declined to admit the Attorney General as amicus curiae, ruling that he is unlikely to be non-partisan in the dispute when it is clear he gave his advice to President Uhuru Kenyatta before he assented to the controversial Division of Revenue Bill.

    “The CIC and LSK are admitted as amicus curiae (friends of the court) to offer their expertise. The AG will however make his mind and indicate which side he want to support before he is admitted in the petition,” said the judges.

    The dispute between the two legislative houses spilled to the Supreme Court last week, with the Senators seeking an interpretation of whether the National Assembly’s rejection of amendments they made to the Bill and the president’s assent to the Bill was unconstitutional and a breach of Senate Standing Orders.

    “We also want the court’s opinion on whether the passage of the Bill complied with all constitutional procedures and processes governing passage of Bills concerning County Governments and whether the Division of Revenue Bill is a money Bill under Article 218 of the constitution,” said lawyer Kioko Kilukumi representing the Senate.

    The controversial Bill was assented to by President Kenyatta on June 11, sparking a wave of discord among Senators and Governors who then resolved to marshal countrywide support for constitutional amendments to address ambiguities they claimed were a threat to county governments.

    The Bill determines financial allocations between the national government and the 47 county governments.

    The Senate passed a motion to have Sh258 billion allocated to Counties, but MPs ignored their input and retained the initial Sh210 billion.

    The Senators claim in their petition that the move was unlawful since what the president assented to is not what is contemplated by the Constitution in relation to devolution and county governments.

    “The court should determine whether National Assembly and its speaker could refer the Bill to the president for assent without the Senate input and thereby excluding it in legislating matters concerning county governments,” said Kilukumi.

    They also want the Supreme Court’s opinion on when and how they should be involved in passing Bills concerning county governments and what actions should be taken should the judges find that the passage of the Bill was unconstitutional.

    Senate Speaker Ekwee Ethuro swore an affidavit accusing National Assembly Speaker Justin Muturi of going against his promise that there will be no conflict between Senate and Parliament in passing the Bill.

    He said that he personally wrote to the president bringing to his attention the unconstitutionality of the action taken by MPs and asked him to refer it back for reconsideration only to hear that the president had assented to it.

    “The action taken by MPs of rejecting the Senate amendments to the Bill, forwarding it to the president without reference to mediation process and final assent to the Bill amounted to breach of the constitution and should be declared unlawful,” swore Ethuro.

    The judges directed the Senators to serve the National Assembly Speaker with the petition within two days and scheduled a mention on July 3 for further directions.


    • tnk,

      And now Ruto is pleading with people not to go to court after his conjoined twin brother Uhuru signed an illegality into law!

      Deputy President William Ruto criticises opponents of Division of Revenue Bill

      By DPPS

      TURKANA, KENYA: Deputy President William Ruto has called for a stop to the supremacy battles between the Senate and the National Assembly regarding the signing into law of the division of revenue bill saying it was un unnecessary distraction to the national  agenda.

      aying that the Jubilee government in its election manifesto stated that 40 per cent of the national resources will go to the county governments Mr. Ruto emphasized that the government will honour that commitment.

      He was speaking at Lodwar stadium, Turkana county on Saturday during the homecoming party of speaker of the senate, Ekwe Ethuro.

      He criticized those  saying by President Uhuru signing the bill into law he was killing devolution, saying  the jubilee government was for the devolved  system of government and would not engage in activities that could derail the country from  that route.

      The Deputy President called on both the senate and the National Assembly to  find an amicable solution to the controversy saying it was not prudent to take the matter to the supreme court for interpretation  yet there are other less acrimonious avenues of solving the issue.

      “The constitution is for all of us, let us sit together as leaders and  see how best we can go about the issue and  benefit from the constitution irrespective of whether you supported the constitution or not,” he added.

      He said all counties will be given enough resources for their development adding that where there are shortages it will be addressed when  and if the need arises.Â

      “If we start taking small issues to the court this early, we shall be stuck in  litigation instead of concentrating on development matters.”

      He said, “All counties will get money, and those who will not have enough money will be added more funds. The government will follow up this matter to ensure that it is implemented to the letter.” he said.


      • “…the jubilee government was for the devolved system of government and would not engage in activities that could derail the country from that route.”

        Ruto can tell that to the birds!


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