NAIROBI, Kenya, Jul 23 – Chief Justice David Maraga has said the Supreme Court is reluctant to hear the Council of Governor’s (CoG) application for an advisory opinion over division of revenue, imploring parties to instead engage in dialogue to unlock the stalemate.
Maraga on Tuesday said the apex court will only hear the matter if that is the only option left.
“We are reluctant to hear this case since it is legislative process. But we will hear it if we must,” said Maraga when the matter came up for mention.
Maraga gave the national legislature until Wednesday next week to try and unlock the stalemate failure to which the matter proceeds to hearing.
“I urge parties to negotiate an amicable settlement on the impeding issues”.
The CoG moved to the Supreme Court last week after the two Houses of Parliament – Senate and National Assembly – failed to reach a settlement on the allocation due to counties.
The National Assembly approved a Sh316 billion allocation against a proposal for Sh335 billion by the Controller of Budget, a figure that was adopted by the Senate and GoG.
Lawyer Fred Ngatia appearing for CoG however urged the court to preside over the matter and give an advisory opinion insisting talks between parties are unlikely to bear any fruit.
“We will not be able to achieve much even if we attempt will be going it until next year,” he remarked.
“Please do not tell us to go and discuss you will be throwing us into the deep see where there are sharks,” he added.
Ngatia insisted the crisis requires the intervention of the apex court.
The imputed Division of Revenue Bill, justice Maraga heard has since been re-published after the allocation approved for counties were adjusted from Sh310 billion to Sh316 billion.