In Re Application by the County Assemblies of Kericho and Nandi Counties for an Advisory Opinion under Article 163(6) of the Constitution of Kenya & In re Application by the Governor, Makueni County for an Advisory Opinion Under Article 163 (6) of the Constitution the Governor of Makueni County (Reference 3&4 of 2020 (Consolidated))

RULING

A. Introduction

1. Before this Court are two References seeking an Advisory Opinion in response to a number of questions/issues posed by the applicants. The applications are brought pursuant to the provisions of Article 163 (6) of the Constitution. The said Article provides that:

   “The Supreme Court may give an advisory opinion at the request of the national government, any state organ, or any county government with respect to any matter concerning county government.”

2. Reference No. 3 of 2020 is dated 20th November, 2020 and filed on 24th November 2020, while Reference No. 4 of 2020 is dated 30th November 2020, and filed on 2nd December, 2020. The Law Society of Kenya filed an application dated 8th December 2020, on even date, seeking admission as amicus curiae.

   B. Background

3. The two References were first mentioned before the Court on 9th December 2020, during which; the Attorney General, the Senate, the National Assembly, and the Independent Electoral and Boundaries Commission, …