• In a suit filed at a Milimani court, Wanjiru Gikonyo is challenging the implementation of the Bill saying its passing is illegal in the first place.
• She says that Parliament passed the Appropriation Bill 2019 without incorporation of Division of Revenue Bill is illegal.
A judge has been asked to bar both chief government adviser and Treasury CS Henry Rotich from implementing the Appropriation Bill 2019.
This in effect grinds to a halt government expenditure.
In a suit filed at a Milimani court, Wanjiru Gikonyo is challenging the implementation of the Bill saying its passing is illegal in the first place.
She says that Parliament passed the Appropriation Bill 2019 without incorporation of Division of Revenue Bill is illegal.
The National Assembly passed the Appropriation Bill 2019 and was assented to by the President on June 28.
According to Gikonyo the Division of Revenue Bill that dictates sharing of revenue raised nationally between the two levels of government has not been agreed on and duly passed by the Senate and National Assembly.
It was later referred to the mediation committee which has not been able to agree on the final version of the Bill within the 30-day period contemplated under the Constitution hence the Bill was defeated.
The Division of Revenue Bill is the foundation upon which the budgeting process, including expenditure of public funds is premised.
As a result, both levels of government are precluded from considering and approving any legislation dependent upon the division of national revenue between the national government and the county governments.
In her suit papers she argues that devolution entirely depends on vertical sharing of revenues in the absence of which it is not possible for the counties to deliver on their mandate and services.
She enlisted the Council of Governors, the Commission for Revenue Allocation, the Kenya Human Rights Commission, Africa Center for Open Governance and Transparency International Kenya as first to fifth interested parties in the case.
Gikonyo is also seeking orders declaring the passing and assent of the Appropriation Bill without incorporation of Division of Revenue Bill is illegal.
Also sought is an order declaring that any action done under the Appropriation Bill 2019 in the absence of Division of revenue Bill is unlawful.