Case to Cancel 2020/2021 Budget certified urgent

Justice T.W. Cherere of the Kisumu High Court

In court documents revealed to , two petitioners have sued the treasury Cabinet Secretary Ukur Yatani, the Attorney General and the Senate.

The petitioners, Mr Michael Kojo and Evance Oloo are challenging the published ‘The National Budget 2020 Draft Policy Statement and the Equitable National Revenue Share’ as defective. The matter has been certified as urgent and the National Assembly, Council of Governors (CoG) and the Commission on Revenue Allocation (CRA) are listed as interested parties.

Inter alia the duo assert that ‘The National Budget 2020 Draft Policy Statement and the Equitable National Revenue Share’ are in contravention with principles enshrined in both Chapter 12 of the Constitution and the Public Finance Management Act. The petitions aver that

i) The failure by the Attorney General to approve the third formula for revenue sharing on time after the lapse of the second formula puts Kenyan citizens at risk of not benefiting.

ii) In line with the Constitution, the formula needs to approved first before the County Allocation of Revenue Bill appears before the senate.

iii) The Treasury CS erred in figures by allocating an estimated amount of Ksh 316.5 billion as the equitable share revenue whereas the draft 2020 budget policy statement which was published  on February 2020 indicated Ksh 317.8 billion.

iv) No public participation was carried out on the formula as required by the constitution and the Public Finance Management Act.

Consequently, the petitioners plead the High Court in Kisumu for a declaration that the CS Treasury violated the law and that the national budget should be invalidated as the consumers would be the most affected by the anomalies. To remedy this, they want the court to compel the CS and the Senate committee to give the public a clear guidance on which of the varying figures that had been recommended was to be adopted.

Moreover, the duo also plead the court to declare that the select committee at Senate responsible for budget appropriation for county allocation as unfit to hold office.

In a ruling delivered by Lady Justice T.W Cherere, the case was certified urgent and transferred to Nairobi since the sued parties are based in Nairobi and in the interest of the overriding objective that matters are heard efficiently and expediently, the case was better placed if heard and determined by a High Court in Nairobi.

“…I am therefore persuaded that there is an advantage if this matter being heard in Nairobi will so far secure the just, most expeditious and least expensive determination,” she said.

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