, NAIROBI, Kenya, Aug 25 – The High Court has blocked Senators from convening County Development Board meetings until a case filed by Governors is heard and determined.
Justice Isaac Lenaola on Monday said that the Senators should await the court’s decision on the legality of the County Government (Amendment) Act 2014 that put Senators in charge of the development funds in the counties.
Justice Lenaola has in the meantime directed that the file be placed before the Chief Justice to appoint a three-judge bench to hear the suit.
The case will be mentioned on September 4.
Several Senators including Anyang’ Nyong’o (Kisumu County), Kipchumba Murkomen (Elgeyo-Marakwet County) and Stephen Sang (Nandi County) had directed their respective Governors to issue notices for their inaugural CDB meetings to be held this week.
The Governors have raised complaints against the Senators claiming that they were interfering with development in counties.
The Council of Governors (CoG) moved to court after President Uhuru Kenyatta assented to the Act on July 30. They claimed the law is illegal and an attempt to kill devolution.
The new law creates the County Development Boards to be chaired by Senators while Governors will be vice chairmen. Other members of the board are Members of the National Assembly and Members of the County Assemblies (MCAs).
Governors have sued Parliament and the 47 Senators for legislating an unconstitutional Act and are urging the court to declare it null and void.
The Governors said Senators are supposed to perform their oversight and legislative roles and not Executive functions.