The Commission on Revenue Allocation on Wednesday said mediation on the Division of Revenue Bill had been "defeated".
As a result, it urged the Supreme Court to handle the reference filed by governors two weeks ago terming the mediation process 'defeated'.
MPs wanted counties allocated Sh310 billion while the Senate insisted on Sh335 billion.
Through lawyer Kamotho Waiganjo, the commission on Wednesday accused the National Assembly of abusing the constitutional process in relation to the Division of Revenue Bill.
“The timeline set for the publication of the Bill is two months before the end of the financial year. We are now in August and the Bill has not been passed but NA has the luxury to extend the mediation process,” Waiganjo said.
He said that if there had been a genuine commitment to mediation, there would have been no need for the houses to pass two different bills allocating money to the counties.
If this continues, how shall we achieve the requirements under the Constitution when it comes to transfer of equitable shares? The national government is functioning while counties are unable to budget
A week ago, the National Assembly passed the republished the Division of Revenue Bill with Sh316.6 billion as the equitable allocation to county governments. The Senate later passed its own version that allocated counties Sh335 billion.
The impasse over the bill persists after the Senate and the National Assembly failed to reach an amicable solution.
The discord prompted governors to file the reference seeking an advisory from the apex court on failure by Parliament to pass the Bill that has starved counties of cash.
On Wednesday, Waiganjo pleaded with the Supreme Court to allow the reference to be heard and determined "as they cannot rely on the parties in the case".
“If this continues, how shall we achieve the requirements under the Constitution when it comes to transfer of equitable shares? The national government is functioning while counties are unable to budget,” he said.
The National Assembly requested another 45 days after a new bill was published.
“In the interest of justice, allow the two houses to reconsider this matter,” their lawyer said.
The court reluctantly adjourned the hearing of the case and directed speakers of both Houses to file a joint or separate report on the status of the legislative process.
Chief Justice David Maraga gave the two houses 14 days until its mention on August 15.
The Constitution requires that a county’s share of the revenue from the national government be transferred to the county without undue delay and without deduction.
The governors' reference challenges the constitutionality and legality of decisions made by the National Assembly and the Treasury.
The last time the matter was in court, Maraga said the Supreme Court was reluctant to deal with the impasse and implored the Senate and National Assembly to settle the matter amicably.
Edited by R.Wamochie
