Kenya governors sue senators over allocations

NAIROBI: Governors have opened a new legal battle with the Senate over cash allocations to counties.

The Council of Governors (CoG), through lawyer Peter Wanyama, argued that the Senate has no powers to set ceilings on what the counties are to spend for their respective activities.

The county bosses said Senate was overstepping its mandate.

"The ceilings can only be based on the Commission on Revenue Allocation's recommendations. The Senate has not produced any scientific basis or otherwise to justify the amended ceilings," Wanyama said.

The Peter Munya-led CoG said Senate sent circulars to counties directing that they should adjust their budget upwards by Sh2.5 billion. Governors believe the last minute rush is unjustifiable and will unsettle the budgeting cycle.

"The respondent was evidently overreaching its mandate by purporting to issue last minute circulars to the counties at a time when there were already budgets in place," Wanyama said.

"The respondent (Senate) is purporting to legislate for county assemblies through these last minutes ceilings. These new ceilings provided by the respondent if allowed to be imposed will definitely destabilise county governments," he added.

The new case by governors was filed even before their other case in opposition to summons by Senate was fully settled. The High Court ruled that they are obligated to appear before the Senate but the county bosses still hold that it has no powers to summon them.