Court rules Senate has no powers to scrutinise county legislation

The Senate has no powers to scrutinise the process and legality of a county legislation, the High Court has ruled.

The verdict was issued in a case in which the Council of Governors had sued the Senate following a May 6, 2015 letter to the Kiambu County government that purported to investigate the legality of its Finance Act.

According to the county bosses, the move was unconstitutional since the powers of the Senate are limited to oversight over national agencies such as the Treasury which manages revenue allocated to counties.

But the Senate failed to respond to the case which consequently resulted to a ruling in favour of the county bosses.

“I find this petition merited and declare that resonating the intention of Article 6(2), 209 and 10 of the Constitution, the Senate cannot scrutinise the process and legality of a county legislation,” said Justice George Odunga.


In his ruling, the judge also upheld arguments by Justice John Mativo in a similar case who pointed out that that law was clear and did not require any explanation.

“For avoidance of doubt, I associate myself with the learned judge’s findings and conclusions, the parties herein were in agreement that the said decision be adopted to this case,” said Justice Odunga.

And following the finding, the judge consequently barred the Senate from involving itself with matters to do with legality of the county legislation.

The Kiambu Finance Act was declared illegal on April 17, 2014 by court and subsequent legislation on the matter has seen a number of suits filed challenging it.

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