Governors want Chief Justice David Maraga to clear court cases touching on devolution

Chief Justice David Maraga

Governors are now asking the judiciary to clear cases regarding relationship between counties and the national government.

During a visit to Chief Justice David Maraga’s office on Wednesday, Council of Governors chairman Peter Munya said there are 43 cases touching on devolution, which are still in courts.

Munya said that if the cases are cleared, it would enable counties carry their functions without doubts of whether they were overreaching the role of national government.

"We are concerned about many cases involving devolution and are about interpreting the constitution. The cases will determine relationships between Counties and the national government," said Munya.

Cases filed by governors include the question of whether land management ought to be a role of the Counties or that of the national government. The other issue is about county roads.

Governors are also demanding transfer of disputed functions including water, irrigation, fuel levy funds and parastatals management.

There is also a contest between Counties and the Members of Parliament over management of the Constituency Development Funds. MPs on one hand are fighting to retain the funds whereas Governors are arguing that the allocation violates the Constitution and goes against the devolved structure of governance.

CDF kitty under the new law ought to be used for security and education but both roles have been left to the national government.

"Chief Justice take administrative steps to have the cases determined," the COG chair said.

In reply the CJ said that courts would hasten hearing of all cases and at the same time clear cases that have been lying in courts for a long time.

He said that the judiciary would gradually increase the number of courts in the counties in order to ensure that each county has a High Court.

Currently, 28 counties have allocated land for the courts, meaning only 19 have not yet decided whether they want justice closer to their residents.

“We need to have in each County a High Court. We however have no enough judges," said Justice Maraga.

“We will continue serving Kenyans and will ensure Justice is done," the CJ added.

He was however categorical that despite having good relationship with counties, Courts would remain independent to interpret the law.