“I do not know whether you will consider my advice to try and reach consensus over imputed issues because it is the best way to resolve the matter,” Chief Justice David Maraga said /CFM – FILE
NAIROBI, Kenya, Jul 19 – Chief Justice David Maraga has advised the Council of Governors (CoG) to engage the national government and the National Assembly in a bid to amicably resolve the current impasse over allocation of resources.
The head of the Judiciary Friday urged the CoG which is unhappy with the Sh316 billion allocation proposed for the 47 Counties to engage the two arms of government before Tuesday next week when the Supreme Court will give further directions.
Governors are seeking an advisory opinion over the standoff on revenue allocation, the CoG and the Senate having proposed a Sh335 billion for devolved units.
“I do not know whether you will consider my advice to try and reach consensus over imputed issues because it is the best way to resolve the matter,” said the CJ.
Veteran lawyer Fred Ngatia for CoG retorted saying “we are open, ready and willing to engage parties in the matter before the mention date.”
Should the parties fail to reach a consensus, the CJ directed CoG which is yet to serve its suit papers to the respondents to do so forthwith with the respondents expected to file their responses before Monday next week.
CoG has named the Attorney General, National Assembly and Senate Speakers and Commission on Revenue Allocation (CRA) as respondents.
The Law Society of Kenya (LSK) and Katiba Institute have been enjoined as interested parties.
National Assembly Speaker Justin Muturi filed a preliminary objection to the case asking the apex court to dismiss it.
He argued the Supreme Court lacks jurisdiction to issue an advisory opinion since there are similar petitions pending before the High Court that are yet to be determined.
Muturi said counties and the national government ought to make a reasonable effort to resolve the dispute amicably.
The National Assembly had initially proposed a Sh310 billion allocation for counties, an offer they revised to Sh316 billion after mediation efforts.
The Senate however expressed disapproval insisting to have Sh335 billion allocated to counties.
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