The Council of Governors together with the Senate and Members of the County Assemblies will on Monday jointly file an advisory case at the Supreme Court.
According to the CoG, they will seek a Supreme Court advisory on the legal issues arising from the Division of Revenue Bill 2019/2020.
The delegation will march from the Intercontinental Hotel to the Supreme Court at 8.30am and thereafter proceed to KICC for a meeting with the members of the Civil Society at 11.00 am.
On Sunday, seven governors and three MPs have accused the national government of schemes to kill devolution and vowed to defend the system to the hilt.
They said allocation to the 47 counties was only money Kenyans were sure would implement development at the grassroots.
The ten are Council of Governors chairman Wycliffe Oparanya, his deputy Mwangi Wa Iria (Murang’a), Prof Anyang’ Nyong’o (Kisumu), Cornel Rasanga (Siaya), Paul Chepkwony (Kericho), Ali Roba (Mandera)and Bungoma’s Wycliffe Wangamati, Kakamega Senator Cleophas Malala, Kakamega Woman Rep Elsie Muhanda and Ikolomani MP Bernard Shinali.
On Friday, Wangamati, who is the CoG Finance chairman, said all governors and MCAs will join Senators to march to Parliament to protest the delayed passage of the Division of Revenue Bill 2019-2020 Bill that now threatens to cripple operations in counties.
Senators insist that counties should receive Sh327 billion while MPs want to slash the figure to Sh316 billion. This led to a collapse of mediation between the two houses.
“We want to tell the president and his deputy that devolution is here to stay. What we’re experiencing today is similar to what happened after independence that led to the abolition of federalism in Kenya,” Wangamati said.
Wangamati said it was unfortunate that out of the national budget of Sh3.2 trillion, counties have been allocated less than 10 per cent and the national Treasury was still reluctant to release the funds.
The leaders spoke during the passing out parade for the Kakamega youth service at Bukhungu stadium on Friday.
Roba said that the national government should respect recommendations by the Commission on Revenue Allocation on the funding of county governments.
“As governors, we shall not relent in the push for more funding through the courts because it is evident that devolution is working despite strained funding by the national government,” he said.
Nyong’o asked MPs to stop playing games with county allocations, saying this amounted to gambling with the lives of Kenyans.
Malala said it was wrong for MPs to stand in the way of revenue allocation to counties yet a single individual in national government can steal more than Sh20 billion meant for dams.
But Shinali said supremacy contest between Senate and National Assembly should not be allowed to frustrate devolution.
He suggested that the law be amended to remove the requirement for the division of revenue bill to be approved by the two houses.
“We must find a solution to this annual standoffs. Senate and Parliament must not use the division of revenue bill to test their superiority at the expense of Kenyans,” he said.
