MPs row denies counties cash

Government spending has been exposed to legal challenges due to a stalemate in Parliament on crucial revenue sharing legislation.

The National Assembly and the Senate have differed on the Division of Revenue (DoR) Bill, 2017, which shares national revenue between the national government and counties. Senators walked out of mediation talks called to agree on a compromise version of the legislation.

The Bill is pending before Parliament even after National Treasury Cabinet Secretary Henry Rotich read the budget and the President assented to the Appropriation Bill, 2017, which allows expenditure at the national level.

This, in turn, means that the Senate cannot legislate on the County Allocation of Revenue Bill, 2017, that spells out the equitable allocation of revenue to the 47 counties.

“The Bill has collapsed. A new Bill will have to be published,” said Finance Committee Chairman Billow Kerrow (Mandera senator).

The lawmaker, who was a co-chairman of the mediation committee, faulted the National Assembly team led by Mbeere South MP Mutava Musyimi for causing the crisis after they went against the provisions of Article 113 of the Constitution.

“The law says that if there is no agreement by the mediation committee within 30 days or if there is an agreed mediation report but either House does not approve it, the Bill collapses,” explained Senate Majority Leader Kithure Kindiki (Tharaka Nithi).

He added: “The net effect of the current situation is that the legality of the budget may be questioned.”

The Senate had proposed that allocation to the counties be increased from the Sh323 billion approved by the National Assembly to Sh352 billion.

But the National Assembly passed the Appropriation Bill even as the Division of Revenue Bill was still at the mediation stage over the Sh29 billion standoff.

As a result, the operations of the 47 counties may ground to a halt as they will not pass their budgets until the DoR and County Allocation of Revenue Bill are passed.

“No meeting has been called, to date. At this rate, the crisis will be solved by the next Senate,” said Makueni Senator Mutula Kilonzo Jnr. He said it was regrettable that the Bill was dead on arrival.

“It is good the electorate has decided to do away with some of the MPs who have put us in this quagmire at the primaries. This country is for all of us and counties must be properly resourced.

“It is unfortunate that some of our colleagues forget that they are the people’s representatives and personalise their committees. The power lies with the people. They understand the importance of devolution,” said Nyamira Senator Kennedy Okongo.

The bicameral House rekindled its rivalry witnessed in 2015 over the Bill that almost crippled national and county government functions over a Sh7.7 billion variation.

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