This archive report was first published on 8 October 2019.
On October 8, 2019, the Supreme Court of Kenya delivered a significant ruling in the Division of Revenue Bill case, dismissing an application by the National Assembly to challenge the court's jurisdiction to issue an advisory opinion.
Justice Njoki Ndung'u read the ruling, which was made by a five-judge bench of the Supreme Court. The court ruled that the advisory petition filed by the 47 governors is of great importance and deserves to be heard and determined.
Despite acknowledging that some matters related to the Division of Revenue Bill are pending before the High Court, the Supreme Court judges decided to proceed with the case, with a hearing scheduled for October 16, 2019, to address selected issues yet to be communicated to the parties involved.
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 to ongoing proceedings before the High Court.
However, the Supreme Court judges disagreed, upholding their jurisdiction to issue an advisory opinion in the case.
The development comes as the Supreme Court judges reassured the public that there is no delay in the case, with the court waiting for key reports filed by the Senate and National Assembly last week.
The Council of Governors had moved to the Supreme Court in July 2019, 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.
