Kiambu Senator Paul Wamatangi with his lawyer Kibe Muigai outside Milimani law courts on Monday May 92016.
BY SAM ALFAN.
The Commission on Revenue Allocation (CRA) has opposed a petition filed by Kiambu Senator Paul Wamatangi challenging the formula for allocating funds to 47 Counties.
CRA says that the suit by the senator is an abuse of the court process and should be struck out.
Through its Chief Executive Officer George Ooko, the commission says the law is very clear on the role of each arm of government and the courts can only interfere when there is blatant breach of the law.
CEO Ooko said CRA had already made its recommendations and submitted to the Senate as required and now it’s up to the Senate to take up the recommendations and by a resolution determine the basis for allocating monies among the counties.
On March 14, Ooko said, CRA submitted its recommendations to the Senate and what happens thereafter is completely under the control of the Senate with the commission having no control whatsoever in the acceptance, rejection and modification of the same.
“CRA has followed the law and the petitioner has not shown how his rights have been breached or how the commission has failed to consider public interest”
The Kiambu Senator moved to court last week faulting the formula used in sharing out revenue saying it was not based on the realities on the ground.
The Senator accuses CRA of failing to make the necessary recommendations as required by the constitution.
Senator Wamatangi further alleges that the failure has made the Senate usurp the commission’s mandate.
Senator Wamatangi had suggested that highly populated counties be given more money but the House did not support his stand.
The Senator now wants the National Government barred from disbursing any revenue to counties until the case is heard and determined.
