High Court Declares the Tabling of National Budget without Enactment of the Division of Revenue Bill to be Unconstitutional.

16/12/2020 We the petitioners Kenya Human Rights Commission, Transparency International
Kenya, AfriCOG and Wanjiru Gikonyo on behalf of The Institute for Social Accountability (TISA)
working together with Katiba Institute welcome the decision of the High Court which serves to protect
the interests of county governments in the national budget process in Kenya.
Informed by the unlawful reading of the 2019/2020 national budget statement by the then CS Henry Rotich
in parliament on 14th June 2019, at a time when there was a standoff over the Division of Revenue Bill
2019, we moved to court to challenge the decision of the National Treasury to deliver the national budget
statement for the financial year 2019/2020. We were aggrieved that the tabling of the budget estimates
without incorporation of the Division of Revenue Bill 2019, which Bill dictates the sharing of revenue
between the National and County Governments, was illegal and unconstitutional, and that it had violated
the budgeting process prescribed in Articles 218 and 221 of the Constitution of Kenya.