This archive report was first published on 23 August 2021.
On August 23, 2021, the Council of Governors (CoG) announced its intention to work with Parliament to push for Constitutional Amendment Bill on shareable revenue following the collapse of the Building Bridges Initiative (BBI) Bill.
CoG chairperson of the legal and Constitutional affairs committee Governor Kiraitu Murungi stated that BBI had beneficial proposals for the County Governments that cannot be done away with.
According to Murungi, the proposed amendments would have increased the County Governments' equitable share from 16.9% to not less than 35% of the total revenue collected, enabling them to empower informal small-scale traders, women, youth, persons with disabilities, and the economically disadvantaged.
Following the collapse of the BBI Bill, the CoG will explore alternative avenues to ensure that revenue to the Counties increases to at least 35% of the shareable revenue.
On August 20, 2021, a seven-judge bench of the Court of Appeal upheld the Constitutional Court judgment, finding the BBI process illegal and unconstitutional.
President Daniel Musinga stated that the president does not have authority under the constitution to initiate changes to the constitution.
The court also upheld the decision on the quorum threshold in the Independent Electoral and Boundaries Commission, stating that the number of commissioners must not fall below 4.
Deputy President William Ruto welcomed the court's decision, stating that it reaffirms that Kenya is a country governed by the rule of law, not the rule of men.
