Lawmakers fail to agree on county funds

Counties could run into financial headwinds after a team in Parliament negotiating the funds they are to be allocated in the next financial year ended up in a stalemate.

The six lawmakers appointed to the mediation committee on the Division of Revenue Bill have so far failed to reach a compromise as the clock ticks down to the May 25 deadline.

The committee is scheduled to meet on Monday to thrash out the differences between the two Houses that arose after the Senate sought to increase the allocation to counties and the National Assembly rejected the idea.

The Senate wants the counties allocated Sh291 billion, but the National Assembly approved only Sh283.7 billion.

Speakers Justin Muturi and Ekwee Ethuro then set up the team comprising National Assembly members Mutava Musyimi, Tom Kajwang and Mary Emaase and Senators Mutahi Kagwe, Boni Khalwale and Beatrice Elachi.

EMERGENCY FUNDS

It is understood that the bone of contention is an allocation of Sh4.4 billion that the senators wanted to be given to counties as emergency funds.

Mr Muturi told the Sunday Nation he expects the House to have a special sitting on either May 26 or 27 because May 25 is the deadline for the mediation committee to have reached a compromise.

“I need to get a request from the Majority Leader to know the reasons because we must specify the reasons they are coming (for a special meeting),” said Mr Muturi.

Parliament also has until May 27 to pass the Public Audit Bill, Fair Administrative Action Bill and the Public Procurement and Asset Disposal Bill.

Also in this list is the Environment Management and Co-ordination Bill, which was another subject of a mediation committee that is reported to have successfully come up with a compromise after the National Assembly rejected the Senate’s amendments.

These Bills ought to have been passed by August 27 last year, but the National Assembly extended the deadline by nine months.

Mr Muturi said there is no real worry that Parliament could be dissolved for missing deadlines.

The Constitution states that if Parliament does not pass legislation within its specified time, a person may petition the High Court on the matter.

After considering the petition, the High Court may declare the failure to have occurred and then direct Parliament and the Attorney-General to enact the legislation and report progress to the Chief Justice.

If Parliament does not adhere to the High Court order, the CJ would then be at liberty to advise the President to dissolve Parliament.

The mediation committee chaired by Rev Musyimi has already met Mr Henry Rotich, the Treasury Secretary, and the Principal Secretary Kamau Thugge for an explanation of why counties should get the Sh283 billion.

That allocation had also been discussed and approved by the Intergovernmental Budget and Economic Council (IBEC), which has representatives from the national government, Treasury, Council of Governors, County Assemblies Forum and Commission on Revenue Allocation.