[2015] KEHC 6974 (KLR)

[2015] KEHC 6974 (KLR)

The court held that the Commission on Revenue Allocation acted within its constitutional and statutory mandate by issuing recommendations on budget ceilings for County Assemblies, and such recommendations are not binding on the recipients. The Controller of Budget exceeded its mandate by purporting to review and approve county budgets before enactment, as its role is limited to overseeing implementation and authorizing withdrawals from public funds once budgets are lawfully enacted. The court further found that County Assemblies, as state organs, are not 'persons' for purposes of enforcing rights under the Bill of Rights against other state organs, and thus cannot claim violations of...

Citation
[2015] KEHC 6974 (KLR)
Parties
Applicant: The Speaker, Nakuru County Assembly and 46 other County Assembly Speakers; Respondent: Commission on Revenue Allocation; Respondent: Controller of Budget; Respondent: Attorney General; Interested Party: Council of Governors
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
20 February 2015
Case Number
Petition 368 of 2014
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed.
Legal Topics
County Budget Process, Division of Revenue, Public Finance Management, Mandate of Commissions, Fair Administrative Action, Discrimination Against State Organs
Source Language
English
Constitutional Law Administrative Law Public International Law County Budget Process Division of Revenue Public Finance Management Mandate of Commissions Fair Administrative Action +1 more

Case Brief

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Parties

The Speaker, Nakuru County Assembly and 46 other County Assembly Speakers

Applicant

Commission on Revenue Allocation

Respondent

Controller of Budget

Respondent

Attorney General

Respondent

Council of Governors

Interested Party

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Commission on Revenue Allocation and Controller of Budget acted ultra vires their constitutional and statutory mandates by issuing and enforcing budget ceilings for County Assemblies for FY 2014/2015.
  2. 2 Whether the impugned circulars and actions violated the legislative authority of County Assemblies under the Constitution.
  3. 3 Whether the Petitioners' rights under Articles 27 (equality and non-discrimination) and 47 (fair administrative action) of the Constitution were violated.

Ratio Decidendi

The court held that the Commission on Revenue Allocation acted within its constitutional and statutory mandate by issuing recommendations on budget ceilings for County Assemblies, and such recommendations are not binding on the recipients. The Controller of Budget exceeded its mandate by purporting to review and approve county budgets before enactment, as its role is limited to overseeing implementation and authorizing withdrawals from public funds once budgets are lawfully enacted. The court further found that County Assemblies, as state organs, are not 'persons' for purposes of enforcing rights under the Bill of Rights against other state organs, and thus cannot claim violations of...

Court Disposition

Petition dismissed.

Orders

  • The Petition is dismissed in its entirety.
  • No orders as to costs.