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Council of Governors v. Attorney General, The Senate, Law Society of Kenya, Intergovernmental Relations Technical Committee, Commission on Revenue Allocation, Controller of Budget, County Assembly Forum & Katiba Institute

(2019) JELR 103062 (SC)

Supreme Court  •  Reference 2 of 2017  •  18 Oct 2019  •  Kenya

Coram
David Kenani Maraga, Jackton Boma Ojwang, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Maraga CJ and P; Mwilu DCJ and V-P; Ibrahim, Ojwang, Wanjala, Njoki and Lenaola, SCJJ)

REFERENCE NO. 2 OF 2017

IN THE MATTER OF: AN APPLICATION BY THE COUNCIL OF GOVERNORS FOR AN ADVISORY OPINION UNDER ARTICLE 163(6) OF THE CONSTITUTION OF KENYA

AND

IN THE MATTER OF: THE CONSTITUTION OF KENYA 2010

AND

IN THE MATTER OF: THE COUNTY GOVERNMENTS ACT NO. 17 OF 2012

AND

IN THE MATTER OF: THE INTERGOVERNMENTAL RELATIONS ACT 2012

AND

IN THE MATTER OF: THE DIVISION OF REVENUE ACT, 2014

AND

IN THE MATTER OF: THE COUNTY ALLOCATION OF REVENUE ACT, 2014

AND

IN THE MATTER OF: THE PUBLIC FINANCE MANAGEMENT ACT 18 OF 2012

AND

IN THE MATTER OF: THE SUPREME COURT ACT NO. 7 OF 2011 (CAP 9A)

BY

THE COUNCIL OF GOVERNORS....................................................APPLICANT

AND

ATTORNEY GENERAL..............................................1ST INTERESTED PARTY

THE SENATE...............................................................2ND INTERESTED PARTY

LAW S…

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