DIVISION OF REVENUE BILL

Supreme Court to hear Governor's revenue bill petition on Tuesday

In Summary

• Involved parties have been asked by the court to submit papers by close of business on Monday.

• Governors on Monday moved to court accusing the National Treasury and the National Assembly of holding counties hostage.

Governors and senators march to the supreme court to seek judicial intervention in interpreting Division of Revenue Bill 2019 on July 15, 2019.
Governors and senators march to the supreme court to seek judicial intervention in interpreting Division of Revenue Bill 2019 on July 15, 2019.
Image: FAITH MUTEGI.

Chief Justice David Maraga has directed parties mentioned in the case filed by governors on the Division of Revenue Bill to file their papers ahead of mentioning on Tuesday.

The Involved parties have been asked by the court to submit papers by close of business on Monday.

CJ Maraga said the case will be given priority due to its urgency.

The Speaker of the National Assembly Justin Muturi has already objected to the reference.

The speaker said the Supreme Court lacks the jurisdiction to issue an advisory opinion on the reference because the matters raised are subject of ongoing proceedings before the High court.

The CJ said those matters cannot be raised at this stage as the purpose for the mention was to only take directions on how the case will proceed.

 
 
 

On Monday, the governors moved to court accusing the National Treasury and the National Assembly of holding counties hostage.

The county chiefs said the National Treasury has continuously been ignoring the Commission of Revenue Allocation's recommendations on the sharing of revenue between the national government and the developed units.

The Council of Governors has also called upon the National Treasury to halt county's Ifmis budget uploads until the passage of the controversial Division of Revenue Bill is passed.

The county chiefs said they were concerned with the Treasury's request of submission of approved county budgets for uploading on the Ifmis.

The action, he said, cannot be executed as the Division of Revenue Bill and County Allocation of Revenue Bill were yet to be passed.

 "County governments cannot proceed to develop any budget to be approved by county assemblies as the two pieces of legislation are the requisite documents for the development of County Budgets as emphasised in the Constitution under Article 224," Opranya said.


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