Don't assent to Revenue Bill, Senate urges President Kenyatta

Kenya’s Senate has asked President Kenyatta to reject a Bill from the National Assembly that seeks to cut the allocation to Counties by Sh48 billion.

The Senate said the MPs had failed to comply with the Constitution and the law when they ignored the amendments to the Division of Revenue Bill, which determines the allocation of revenue between the national government and the county governments.

Addressing journalists at the Kenyatta International Conference Centre Friday, the Leader of Majority in the Senate Kithure Kindiki said he had consulted with the leadership of the Upper House and the agreement was that the President should reject the Bill.

“If the President assents to that Bill, it will be unconstitutional,” said Prof Kindiki.

He said the Speaker of the National Assembly Justin Muturi and the Speaker of the Senate Ekwee Ethuro should form a mediation committee to hammer out a compromise on the conflicting decisions of the two Houses.

“Unless sobriety and good order prevails on this matter, it is likely that the constitutional confrontation between the two Houses of Parliament could affect the rollout of the functions of government and incidentally affect the delivery of services to the people of Kenya,” said Prof Kindiki.

He asked President Kenyatta to meet the speakers of the two Houses and ensure that they do not jeopardise the devolution of resources and power to each of the 47 Counties.

The Senate had approved Sh258 billion for the Counties, but the National Assembly rejected the figure and cut it to Sh210 billion.

The National Assembly, late Thursday, said the Speaker had already made a ruling that the Senate had no business dealing with the Division of Revenue Bill, and thus all the changes made to what the National Assembly had approved were inconsequential.

On Friday, Prof Kindiki said the senators were not interested in “unhelpful competition” about who was superior and who was not.

“We in the Senate shall not be part of any grandstanding that can negatively impact on the government’s efforts to improve the well-being and the livelihoods of our people."

He added that the MPs had done their job, but their resolution was unconstitutional.

“It is within the right of the members of the National Assembly to do what they did, but it is against the law. It is a dangerous affront to the institutions created by the Constitution,” said Prof Kindiki.

The chairman of Devolved Government Committee in the Senate Kipchumba Murkomen (Elgeyo Marakwet) said the National Assembly had “denied Kenyans the opportunity to benefit from the promise of devolution and sets up all the Counties for failure”.

“It is unfortunate that the National Assembly and its leadership has allowed itself to be carried away by the supremacy battle instead of soberly meditating upon the implications of their decisions on devolution,” said Mr Murkomen.

“The actions of the National Assembly demonstrate malice and bad faith on their part. The Senate and National Assembly should be working together in harmony and in the interest of the people of Kenya. I am baffled that even the Minority Party did not see any wisdom in supporting devolution.”