REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
(Rawal, DCJ and V-P; Ibrahim, Ojwang, Wanjala and Njoki, SCJJ)
ADVISORY OPINION REFERENCE NO. 3 OF 2014
BETWEEN
THE SPEAKERS OF THE 47 COUNTY ASSEMBLIES...................APPLICANT
AND
1. COMMISSION ON IMPLEMENTATION OF THE CONSTITUTION..................
2. ETHICS AND ANTI-CORRUPTION COMMISSION......
3. SALARIES AND REMUNERATION COMMISSION..... .....INTERESTED PARTIES
RULING
INTRODUCTION
[1] This Reference was moved by the Speakers of the 47 County Assemblies as established under Article 178(1) of the Constitution of Kenya, 2010. The mandate of the Speakers is to preside over the sittings of the various County Assemblies.
[2] The applicant, by its Reference dated 6th August 2014 (filed on 7th August, 2014), seeks an Advisory Opinion, pursuant to Article 163(6) of the Constitution. The issues raised are as follows:
whether a Constitutional Commission or an Independent Office can, by way of a Circular, regulate the internal affairs of a County Assem…