BY SAM ALFAN.
Chief Justice has called for dialogue between national government and county governments over the controversial Division of Revenue Bill in the national interest.
Maraga said government institutions should work harmoniously and only seek redress from courts after exhausting dialogue.
The Speaker of the National Assembly, Justin Muturi, formally filed a preliminary objection seeking the dismissal of the advisory opinion reference on the basis that the Supreme Court lacked the power to entertain the petition.
“The petitioners challenge the manner in which Parliament has been conducting the budget process pertaining to the mode of division of revenue between the national and county governments with an emphasis on conditional grants,” the objection filed by lawyer S. M. Mwendwa and Barrack Awadh said.
The lawyers claimed the highest court in the land could not issue a declaration against the National Assembly, the national Treasury and the Controller of Budget that all grants should be disbursed to counties through the County Revenue Fund.
“Article 189 (3) of the Constitution and Section 31 f the Inter-Governmental Relations Act requires county governments and the national government to make every reasonable effort to settle disputes between them before resorting to judicial proceedings. The applicants have not demonstrated that they have exhausted the measures set out under the provisions,” the lawyers said.
Senior State Attorney Emmanuel Bitta said the Attorney General will oppose the participation of the Council of Governors and some interested parties in the proceedings. The 22 contentious questions they had raised in the petition were already the subject of a constitutional application pending adjudication in the High Court, he said.
Bitta explained that High Court Judge Weldon Korir was seized of the constitutional application since July 15 and it was set for hearing on July 29. The Chief Justice is expected to appoint a bench to handle the case.
Lawyer Fred Ngatia, assisted by Issa Mansour and Peter Wanyama, said they had filed their submissions and authorities in support of the petition. They asked for an early hearing date.
Senior Counsel Nzamba Kitonga for the Law Society of Kenya (LSK), said they had not been served with the court documents and required until next week to respond.
Lawyer Kamotho Waiganjo, for the Commission for Revenue Allocation, said they were ready for the hearing.
Lawyers Soyinka Lempaa, Christine Nkonge and Ochieng Dudley, for Katiba Institute, said they required the documents to prepare for the hearing. Lawyer Wangechi Thanji, for the Speaker of the Senate, Ken Lusaka, pleaded to be served with the documents.
Justice Maraga said all the parties must file and serve their paperwork by Monday evening. The matter will be mentioned before the full bench on Tuesday.
He directed the parties to be ready be heard even the following day.