By Wahome Thuku
Nairobi, Kenya: Attorney General Githu Muigai is now in a dilemma over which position to take in the controversial passage of the Revenue Allocation Bill.
The move has put the Senate, National Assembly and Executive on a collision course. Though he is the chief advisor to Government, the AG is caught between a rock and a hard place on which side to support.
That dilemma emerged Wednesday when the case filed by the Senate at the Supreme Court went before two judges for direction.
The AG applied to be enjoined in the case as amicus curie (friend of the court), only to withdraw the application a few minutes later in order to reconsider the position.
It also became clear that the case seeking advisory opinion of the Supreme Court on the passage of the Division of Revenue Bill 2013 would not be heard that urgently after all.
Filed application
It will be mentioned again before the deputy registrar of the court on July 3, and heard thereafter. The application filed by the Senate and its Speaker Ekwee Ethuro last Thursday went before two judges, Jackton Ojwang’ and Mohammed Ibrahim, Wednesday morning.
The Senators are seeking opinion on whether passing the Bill by the National Assembly without considering their input was unconstitutional.
The Bill was assented to by President Uhuru Kenyatta early last week, prompting a conflict between the Executive and the National Assembly on one hand, and the Senate on the other.
