Angry Senators will ask the Supreme Court to nullify a new law signed by President Kenyatta that limits the revenue allocated to the counties to Sh210 billion.
They are unhappy that the President assented to the Division of Revenue Bill despite pleas that he should reject it.
The Supreme Court
now braces for another controversial case just months after confirming
Kenyatta as President and dismissing a presidential election petition
filed by former Prime Minister Raila Odinga.
The Senate will likely ask the Supreme Court
to declare the enactment of the Division of Revenue Act
unconstitutional. The House, which had asked President Uhuru not to sign
the Bill after he received it from the National Assembly, termed the
move as having grave implications on the future of devolution.
The Senate
suspended its business yesterday after word filtered out that the Head
of State had assented to the Bill, and immediately retreated to a
kamukunji (informal meeting) to deliberate the matter.
After the
meeting, the senators came out with guns blazing and vowed to challenge
the President’s move in the country’s highest court “if only to ensure
that the constitutional stipulations are not violated”.
They said they would not relent in their duty to protect devolution and the county governments.
Senate Majority Leader Kithure Kindiki cited Article 96 (2) of the Constitution to justify their stand that the Senate has a role in allocation of national revenue to the counties.
It states: “The Senate
participates in the law-making function of Parliament by considering,
debating and approving Bills concerning counties, as provided in
Articles 109 to 113.” Kindiki said the Senate has eminent lawyers capable of prosecuting the matter.
He warned that President Kenyatta’s move could trigger violation of the Constitution in future, hence the Senate’s decision to approach the Supreme Court.
“Other
bodies could also be willing to approach the court, but we do not want
to be seen as acting through proxies,” said Kindiki.
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