Chief Justice Martha Koome pledged to defend devolution during her first virtual meeting with the senators.
Speaking virtually during the senators’ introductory training in Naivasha, on Wednesday, September 21, the CJ assured the senators that the judiciary will defend devolution.
The senators will meet for five days in Naivasha, where they will be inaugurated by Senate mandate to advance intergovernmental relations.
Kakamega Senator Boni Khalwale in conversation with Nakuru Senator Tabitha Karanja in parliament buildings on September 7, 2022
The ECJ assured the senators that the courts will act to defend the spirit of decentralization by enabling institutions established under the decentralized government units to function.
Koome further said that the province’s governments will receive funds according to the Supreme Court’s advice on the repeated failure between the two houses to agree on the division of the tax bill.
“The court has ruled that funds equal to 50 percent of the previous year’s allocation to the provinces must be paid out if, despite the start of a new fiscal year, the legislative chambers have not reached an agreement on the distribution of revenues between the two levels of government.” said Koome. mention.
She further told the senators that the judiciary has developed a rich indigenous jurisprudence that has protected the spirit of decentralization and also enabled institutions established under the decentralized government system to function.
The Supreme Court president revealed how in 2013 the apex court proposed an opinion that the Senate has a clear role to play in the Division of Revenue Bill.
She argued that the National Assembly and Senate have often found themselves in a stalemate in the revenue division, leading to late disbursement of government funds from the province.
Koome has also issued an advisory on what will happen if the office of deputy governor becomes vacant in the absence of a legal framework for filling the vacancy.
“The Supreme Court took the approach that the ‘law always speaks,’ and advised that when a vacancy arises in the office of the deputy provincial governor, the governor will nominate a person within 14 days to fill such a vacancy,”
In addition, the CJ said that the County Assembly will vote on the nomination within 60 days and if the vacancy occurs simultaneously in both the offices of the county governor and the deputy county governor, the deputy county governor’s office will remain vacant until the election of a new governor. .
The CJ failed to show up for the senators’ event just days after she skipped the introduction of members of the National Assembly in Nairobi.
Some of the MPs affiliated with Azimio had warned the CJ not to honor their event, accusing them of undermining the will of the people after Raila Odinga’s presidential petition was thrown out.
“We are unhappy that Parliament has invited the Chief Justice to make a presentation. The verdict she made was full of insults and I don’t think we deserved it.
“She’s not interpreting the law as it should be. We’ll walk away respectfully if she shows up to give that presentation,” Nyando MP Jared Okelo said.
Chief Justice Martha Koome reads her ruling on the BBI appeal to the Supreme Court on March 31, 2022.