Court Dismisses Counties’ Financial Ceilings Petition

Justice Isaac Lenaola dismissed the petition filed by the 47 speakers of the County Assemblies as lacking merit saying that public funds need prudence.

Justice Lenaola ruled that there is a need to follow lawful processes set by the Constitution of Kenya and other statutes that all organs in the country should be left to carry out their constitutional duties without interference.

The Assemblies moved to court seeking to have circulars issued by CRA and the Controller of Budget setting ceilings for financial allocations to County Assemblies declared unconstitutional.

They further argued that the circulars, issued between April 22nd and July 16th, 2014, breached the Speakers’ constitutional rights saying that they are null and void.

The Assemblies further wanted the Controller of Budget to oversee the implementation of county budgets once the County Assemblies have passed them.

They also sought a court order to compel CRA and the Controller of Budget to jointly approve and disburse funds as provided for in County Governments’ budget estimates of revenue and expenditure for the 2014/15 financial year.