Governors have won the first round of a fight with the national government over control of regional development agencies when the High Court ruled that it has jurisdiction to determine a constitutional dispute that involves the two levels of governance.
In a ruling issued on Monday, judge John Mativo defended the governors’ bid to challenge the fact that there are functions still under the national government yet they were supposed to be spearheaded by counties.
“I find that the Council of Governors fits well; they have instituted proceedings claiming contravention or threatened violation of the Constitution,” justice Mativo ruled.
He added: “They represent individual, county and national interests.
“The case lodged and the issues raise a constitutional matter of public interest and I consequently find as well as hold that they have a capacity to be before this court.”
The CoG has sued six development authorities in the country together with the Attorney-General.
They are the Lake Basin, Kerio Valley, Tana and Athi River, Ewaso Ng’iro South River, Coast and Ewaso Ng’iro North River Basin development authorities.