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Attorney General Githu Muigai at crossroads over Senate court battle

By Thuku | June 19th 2013

By Wahome Thuku

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 yesterday 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. 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, yesterday morning. Senators are seeking opinion on whether passing the Bill was unconstitutional.



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