Advisory
Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013] eKLR
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYAAT NAIROBI
(Coram: Mutunga, CJ;Rawal, DCJ;Tunoi, Ibrahim, Ojwang, Wanjala&Ndungu, SCJJ,)
ADVISORY OPINION REFERENCE NO. 2 OF 2013
-BETWEEN-
1. THE SPEAKER OF THE SENATE
…………......APPLICANTS
2. THE SENATE OF THE REPUBLIC OF KENYA
-AND-
1. THE HON. THE ATTORNEY-GENERAL
..INTERESTED PARTIES
2. THE SPEAKER OF THE NATIONAL ASSEMBLY
1. THE LAW SOCIETY OF KENYA
2. THE COMMISSION ON THE IMPLEMENTATION …….....AMICI CURIAE
OF THE CONSTITUTION
3. KATIBA INSTITUTE
ADVISORY OPINION
A. INTRODUCTION
http://www.kenyalaw.org - Page 1/60
Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013] eKLR
[1] The Reference herein was occasioned by the act of the Speaker of one parliamentary Chamber, the
National Assembly, reversing his action of referring a legislative matter to the other Chamber, the
Senate, and having the National Assembly alone conclude deliberations on a Bill, which was then transmitted to the President for assent and which thereafter became enacted law. This was the Division of Revenue Bill, providing for a sharing in finances between the national and the county governments.
Whereas the National Assembly’s stand was that the Bill was only concerned with the financing of county government by the national government, and therefore was the exclusive legislative responsibility of the National Assembly, the applicants maintained that as the county governments had a major interest in the monies in question, service of that interest, by the Constitution, involved the Senate’s legislative contribution; and that no valid law could be enacted without such legislative contribution.
[2] Being anxious about the due functioning of the several institutions established under the Constitution of Kenya, 2010 and in particular, about the Senatorial function, as a safeguard
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYAAT NAIROBI
(Coram: Mutunga, CJ;Rawal, DCJ;Tunoi, Ibrahim, Ojwang, Wanjala&Ndungu, SCJJ,)
ADVISORY OPINION REFERENCE NO. 2 OF 2013
-BETWEEN-
1. THE SPEAKER OF THE SENATE
…………......APPLICANTS
2. THE SENATE OF THE REPUBLIC OF KENYA
-AND-
1. THE HON. THE ATTORNEY-GENERAL
..INTERESTED PARTIES
2. THE SPEAKER OF THE NATIONAL ASSEMBLY
1. THE LAW SOCIETY OF KENYA
2. THE COMMISSION ON THE IMPLEMENTATION …….....AMICI CURIAE
OF THE CONSTITUTION
3. KATIBA INSTITUTE
ADVISORY OPINION
A. INTRODUCTION
http://www.kenyalaw.org - Page 1/60
Speaker of the Senate & another v Hon. Attorney-General & another & 3 others [2013] eKLR
[1] The Reference herein was occasioned by the act of the Speaker of one parliamentary Chamber, the
National Assembly, reversing his action of referring a legislative matter to the other Chamber, the
Senate, and having the National Assembly alone conclude deliberations on a Bill, which was then transmitted to the President for assent and which thereafter became enacted law. This was the Division of Revenue Bill, providing for a sharing in finances between the national and the county governments.
Whereas the National Assembly’s stand was that the Bill was only concerned with the financing of county government by the national government, and therefore was the exclusive legislative responsibility of the National Assembly, the applicants maintained that as the county governments had a major interest in the monies in question, service of that interest, by the Constitution, involved the Senate’s legislative contribution; and that no valid law could be enacted without such legislative contribution.
[2] Being anxious about the due functioning of the several institutions established under the Constitution of Kenya, 2010 and in particular, about the Senatorial function, as a safeguard