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IN THE MATTER OF THE SPEAKER OF THE SENATE & SENATE OF THE REPUBLIC OF KENYA

(2013) JELR 105458 (SC)

Supreme Court  •  Advisory Opinion Reference 2 of 2013  •  1 Nov 2013  •  Kenya

Coram
Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

ADVISORY OPINION

A. INTRODUCTION

[1] The Reference herein was occasioned by the act of the Speaker of one parliamentary Chamber, the National Assembly, reversing his action of referring a legislative matter to the other Chamber, the Senate, and having the National Assembly alone conclude deliberations on a Bill, which was then transmitted to the President for assent and which thereafter became enacted law. This was the Division of Revenue Bill, providing for a sharing in finances between the national and the county governments. Whereas the National Assembly’s stand was that the Bill was only concerned with the financing of county government by the national government, and therefore was the exclusive legislative responsibility of the National Assembly, the applicants maintained that as the county governments had a major interest in the monies in question, service of that interest, by the Constitution, involved the Senate’s legislative contribution; and that no valid law could be enacted …

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