Nairobi — The Judiciary has pledged to partner with the Senate to ensure the devolved system of Government works optimally.

Speaking during the ongoing Senate induction retreat in Naivasha Wednesday, Chief Justice Martha Koome said the legislature and judiciary must work together to serve people and realize the promises of the 2010 Constitution, including enabling the devolved system of government to work optimally.

She stated that while some institutions are still fragile and need nurturing and support to discharge their functions, such collaborations will also help them to serve the people and realize the promises of the 2010 Constitution.

Koome said the Judiciary and the Supreme Court, in particular, have and will continue to develop rich indigenous jurisprudence that protects the spirit of devolution and enables institutions established under the devolved system of government to function.

The Chief Justice indicated that the two arms of government can co-exist peacefully to achieve their purpose on service delivery.

"The Courts have been the foremost defenders of devolution. In every instance when devolution has been threatened, the courts and specifically the Supreme Court has stepped in to defend the spirit of devolution," she said.

During her presentation CJ Koome touched on the division of revenue where the recent ruling on the unconstitutionality of the Constituency Development Fund (CDF) was made.

"The Supreme Court held that it is unconstitutional to allocate funds to the CDF before the division of revenue between the national and county governments. It was the position of the Court that it offended the division of functions between national and county governments to allow the CDF, an instrumentality of the national government, to undertake functions devolved to the counties."