By ALEX Ndegwa and Moses Njagih

NAIROBI, KENYA: President Uhuru Kenyatta is caught in the centre of a row between the National Assembly and Senate that could plunge the country in a financial crisis.

Yesterday, the Senate urged President Uhuru not to assent to a crucial Bill the National Assembly altered on Thursday to revoke changes made by Senators.

Senators want the Division of Revenue Bill, designed to provide for the equitable division of revenue raised between the national and county governments, referred to a joint committee of the two House for mediation.

The danger of this route is that if there is no compromise by the committee in 30 days, or if either House rejects a version proposed by the committee, the Bill is defeated.

Then there would be no legal basis for sharing out of funds between national and county governments that could invite a financial crisis.

Yesterday, the National Assembly asked the President to sign the Bill into law, arguing the Senate should contest the matter in the Supreme Court. The Standard on Saturday learnt the Bill was due to be submitted to the President yesterday morning by National Assembly Speaker Justin Muturi. Muturi and his Senate counterpart Ekwe Ethuro earlier gave differing rulings on the Bill, underlining the extent of the rift. Governors also asked the President not to assent to the Bill until the two Houses compromise.

Members of the National Assembly rejected the Senate’s push to allocate counties an additional Sh48 billion that could have raised the total allocation to the 47 counties to Sh258 billion.

They reinstated the initial allocation of Sh210 billion set by the Treasury and earlier approved by the National Assembly before the Bill was referred to the Senate. Yesterday, Senate Leader of Majority Kithure Kindiki urged the President not to assent to the Bill, insisting that its enactment by one House was unconstitutional.

“They (National Assembly) need to explain why they have slashed the amount to the counties. They may have a reason for so doing in the same way we had a reason for increasing the amount. We are willing to listen to their reasons,” said Kindiki.

He declared a dispute and called for the establishment of a mediation committee to stipulated in the Constitution to resolve differences over the Bill between the two Houses.

But National Assembly Leader of Majority Aden Duale argued circumstances surrounding the dispute did not warrant the mediation envisaged in the Constitution.

Duale maintained the Senate had no role in the Bill and argued it was a money Bill- not ordinary- that is subject to mediation. “The only window open for the Senate is the Supreme Court because it is the only body mandated to interpret the Constitution,” he added. Kakamega Senator Boni Kwalwale said the dispute required a joint committee to “reach an amicable solution” and urged the Senate Speaker to write to the President to block assent of the Bill.

CDF Act

“The National Assembly is hitting back because the Senate supported the CIC position that the CDF Act should be reviewed to exclude MPs from the kitty,” said Khalwale. 

A member of the National Assembly intends to table a Bill seeking to trigger a referendum on abolishing the Senate. 

Kindiki warned against the “grand standing” by members of the National Assembly, warning the cuts would undermine devolution. 

“Unless sobriety prevails, the constitutional confrontation between the two Houses could affect the roll out of the functions of Government,” warned Kindiki.

He insisted the Senate had a constitutional role in the legislation, as it was a Bill “concerning Counties” as stipulated in Article 96(2) of the Constitution. “If a Bill that is meant to determine the sharing of revenue between the National Government and County Governments is not a Bill concerning Counties, then its impossible to imagine what else it can be,” he added.

But Duale explained the Sh210 allocation was agreed at a May 9 meeting chaired by Deputy President William Ruto, Treasury, Commission on Revenue Allocation, Transition Authority and the Governors’ Council.

The allocation, he added, is twice the minimum constitutional requirement of 15 percent of the revenue.

Duale said an additional allocation of Sh48 billion would disrupt the budget. He explained the National Assembly only approved a report by the Budget and Appropriations Committee that essentially “killed discussion of the Bill as anticipated by the Senate.” “The amendment by the Senate had been overtaken by events,” he added.

Two weeks ago Senators held a one hour Kamukunji at KICC at which members regretted the soaring relations with the National Assembly.

Senators asked Speaker Ekwe Ethuro to meet his National Assembly counterpart Justin Muturi to thrash out the differences.