• Parliament wants counties given Sh310 billion while Senate insists on Sh335 billion.
• Governors are seeking an advisory from the apex court.
Chief Justice David Maraga has said the Supreme Court is reluctant to deal with the impasse on the Division of Revenue Bill.
The CJ has for the second time implored the Senate and National Assembly to settle the matter amicably.
The CJ said they met yesterday morning as judges of the Supreme Court and "felt reluctant to come into this kind of process".
“This is a legislative process that the two Houses should carry on their own. But if we have to, we will have to come in. But what the judges are asking is why Parliament is dragging them into a matter they can resolve,” he said,
Maraga addressed lawyers representing various parties on a reference the governors filed last week.
The governors are seeking an advisory from the apex court on failure by Parliament to pass the Bill which has starved counties of cash. The Bill collapsed following disagreements between the National Assembly and the Senate.
Parliament wanted counties allocated Sh310 billion while the Senate insisted on Sh335 billion. The reference challenges the constitutionality and legality of decisions made by the National Assembly and the Treasury.
On Friday, the CJ beseeched the parties to explore and embrace alternative dispute resolution. Yesterday the Senate told the court that they have had a lengthy discussion with the parties in the case but they have not been able to agree.
The National Assembly further confirmed to the court that the Division of Revenue Bill has been published and the Bill is waiting for public participation this week.
Lawyer Kamotho Waiganjo for Commission on Revenue Allocation told the court that there’s no anticipation that the two houses will find a solution.
“The talks don’t have a substantive impact on proceedings before court and we need to proceed with issues raised in the advisory opinion. The reference appraises what will happen if mediation fails,” he said.
Maraga after hearing the parties said since they were unable to settle the matter, the case proceeds for hearing on Wednesday next week.