Failure to include the Division of Revenue Bill in the Appropriation Bill 2019 has put the government in hot soup as one fierce woman Wanjiru Gikonyo, the National Coordinator at The Institute for Social Accountability (TISA) has invoked the power of the Kenyan Court.
She has taken the government to court over the passing of the Appropriation Bill 2019 which was signed into law by President Uhuru Kenyatta mandating the National Treasury to release Ksh.161 Billion from the Consolidated Fund to various Government departments, but failed to the incorporation of Division of Revenue Bill.
Ms. Gikonyo argued that the Division of Revenue Bill that dictates sharing of revenue raised nationally between the two levels of government was yet to be agreed on and duly passed by the two houses of parliament. She wants the Treasury Cabinet Secretary and Controller of Budget or any other state organ charged with the implementation of the Appropriation Act 2019 restrained from taking action under the Act arguing that it is illegal.
“The passage and Assent of the Appropriation Bill 2019 without the incorporation and inclusion of the Division of the Revenue Bill 2019 is illegal and unconstitutional since the process is to be conducted within the same time frame,” read the petition.
The funds are categorized into recurrent expenditure which totals to Ksh 107.5 billion and development expenditure that totals to Ksh 53.7 billion respectively of which Ksh8 Million is to be released into the settlement of pending government bills. This Bill was presented to the President for signing by the Speaker of the National Assembly Justin Muturi accompanied by the Leader of Majority in the National Assembly Aden Duale and Clerk Michael Sialai.
Parties involved in the case include The Attorney General Paul Kihara who is a respondent in the case together with the Council of Governors, Commission for Revenue Allocation, Kenya Human Rights Commission, and Africa Center for Open Governance and Transparency International Kenya.