Court dismisses National Assembly objections on Division of Revenue Bill

Written By: Ben Chumba
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Supreme Court judge Njoki Ndung’u
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The Supreme Court has disallowed an application by the National Assembly challenging its jurisdiction to issue an advisory opinion in the Division of Revenue Bill case filed by the the Council of Governors.

In a ruling read by Justice Njoki Ndung’u Tuesday, the five judge bench of the Supreme Court ruled that  the advisory petition filed by the 47 governors  is of great importance and deserves to be heard and determined.

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In acknowledging that some matters on the Division of Revenue Bill are pending before the high court,the Supreme Court judges said they will on the 16th October proceed to hear the petition on selected issues yet to be communicated to the parties in the case.

In its application the National Assembly had argued that the Supreme Court lacks the jurisdiction to issue an advisory opinion on the reference because the matters raised in the petition are subject of ongoing proceedings before the High court.

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The development coming even as the supreme court judges reassure the public that there is no delay in the case.

According to Justice Njoki Ndung’u the  judges were waiting key reports filed last week by the Senate and National Assembly.

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The governors moved to the supreme court in July this year accusing the National Treasury and the National Assembly of holding counties hostage by ignoring the Revenue Allocation’s recommendations on the sharing of revenue between the national government and the developed units.

 

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