SENATE, NATIONAL ASSEMBLY, SENATOR OF MOMBASA COUNTY & 46 OTHER SENATORS V. COUNCIL OF COUNTY GOVERNORS, BARASA KUNDI NYUKURI, ALBERT SIMIYU WAMALWA, PHILLIP WANYONYI WEKESA, SPEAKER OF NAKURU COUNTY ASSEMBLY & 46 OTHER SPEAKERS, CLEMENT NYAMONGO, ATTORNEY GENERAL, COMMISSION FOR IMPLEMENTATION OF THE CONSTITUTION & KATIBA INSTITUTE

JUDGMENT OF THE COURT

1. Pursuant to Article 1 (4) of the Constitution, the sovereign power of the people of Kenya is exercised at the national and county levels. The governments at the national and county levels are distinct and inter-dependent and pursuant to Article 6 (2) they are enjoined to conduct their mutual relations on the basis of consultation and cooperation. To ensure there are no administrative or institutional holdups, Article 189 (1) provides that the government at either level is to perform its functions and exercise its powers in a manner that respects the functional and institutional integrity as well as the constitutional status and institutions of government at the other level. At the county level, pursuant to Article 176 (1), the county government consists of a county assembly and a county executive. Article 179 (1) vests the executive authority of the county upon the county executive committee.

2. With the foregoing provisions in mind, Parliament enacted the Count…