SENATE OVERSTEPPED MANDATE IN PROBING KIAMBU COUNTY SUPPLEMENTARY BUDGET, COURT RULES.

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Lawyer Peter Wanyama for Council of Governors and Kiambu County leaving Milimani Law Court.

BY THOMAS KARIUKI.

A court in Nairobi has overturned a decision by Senate Speaker Ekwe Ethuro probing Kiambu County’s Supplementary Appropriations Bill of 2015.

The decision by the Senate Speaker dated May 20 2015, the court said, is unconstitutional to the extent that it bestows on the Senate functions that are outside its constitutional jurisdiction.

The court further ruled that legislative power of County Governments is vested on County Assemblies.

“There is no mandate granted by the constitution to the senate to scrutinize the process and legality of county legislation, to me the legality or otherwise or the county legislation can only be challenged in court, ‘the court ruled.

In the case Kiambu County Government together with the Council of Governors  through their lawyer Peter Wanyama moved to the High Court seeking an interpretation on whether the senate can scrutinize the process and legality of county legislations.

CoG argued that the senate has no constitutional mandate to examine the process of enactment, legality and constitutionality of county legislation.

“The process of enactment, legality and constitutionality of county legislation does not fall within the senate mandate,” they said.

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