President Uhuru Kenyatta was wrong to sign Division of Revenue Act

By Kethi Kilonzo

NAIROBI, KENYA: The passing of the Division of Revenue Act was unconstitutional. The differences between the National Assembly and the Senate over the sharing of revenue between the national and county governments should have been referred to a mediation committee of both Houses. The Bill could only have been lawfully assented to by the President if there was consensus between the two Houses. In setting out and defining the role of Parliament, Articles 94, 95 and 96 of the Constitution indicate that Parliament is a shared institution. The National Assembly represents the broad national interests and the people of Kenya. The Senate represents the counties, their governments and interests. The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties.