Senators, MPs headed for another supremacy clash
Samburu West MP Lati Lelelit at a past media briefing. The Constitutional (Amendment) Bill which he sponsored seeks to change Article 204 (3) (b) that indicates that the money can be distributed to the marginalised areas “indirectly or directly” through the counties. FILE PHOTO | JOSEPH KANYI | NATION MEDIA GROUP
What you need to know:
- The Constitutional (Amendment) Bill sponsored by Samburu West MP Lati Lelelit seeks to change Article 204 (3) (b) that indicates that the money can be distributed to the marginalised areas “indirectly or directly” through the counties.
- The Fund is kept by the National Treasury but the Constitution tasks the national government to directly or indirectly work with the counties in distributing it. The MPs want that government to send the money through the constituencies.
MPs and Senators are headed for another supremacy clash after the latter said it will reject a proposed change to the Constitution to transfer administration of the Equalisation Fund from counties to the constituencies.
The proposal received overwhelming support in the National Assembly after 246 MPs turned up in the House on Thursday to vote to put the Fund under their custody. It required at least 233 votes to pass.
However, the MPs’ joy for getting the requisite numbers could be short-lived as their Senate counterparts have vowed to shoot it down when the Bill is taken to the House.
The Constitutional (Amendment) Bill sponsored by Samburu West MP Lati Lelelit seeks to change Article 204 (3) (b) that indicates that the money can be distributed to the marginalised areas “indirectly or directly” through the counties.
The Fund is kept by the National Treasury but the Constitution tasks the national government to directly or indirectly work with the counties in distributing it. The MPs want that government to send the money through the constituencies.
The Bill is now headed to the Senate after the adoption in the National Assembly. It will need the support of at least two-thirds (32) of the elected senators to pass.
However, senators who spoke after the passage vowed to reject the constitutional amendment saying the Fund would be better managed if it was left with the national government or the governors.
Those who spoke to Nation said they will not allow their National Assembly counterparts to change the Constitution to suit themselves saying the drafters of the supreme law had a reason why they chose governors instead of them.
They said it would be wrong for the Senate to heed self-serving intentions of MPs.
“I cannot agree with the proposal. Article 204 is very clear. The spirit of the Article was to help marginalised counties that have been neglected for years. The Senate has proposed that the management be done at the national level with the involvement of all governors because this is a national fund,” said Makueni Senator Mutula Kilonzo Jr on Sunday.
The Chairman of Senate Public County Accounts and Investments Committee Dr Boni Khalwale told the lawmakers to stop eyeing the Fund saying it would not make any difference in the marginalised regions if they were left to manage it.
“Several MPs have called me trying to ask for my support on the Fund. But I want to say that we should decide to either let governors control it or form a special committee at the national level to be in charge of it. MPs, MCAs or even senators should shy away from it,” said Dr Khalwale.
The Fund which has been allocated about Sh3 billion in each of the last three budgets has remained unattached because of lack of regulations to guide its use.
The regulations have since been developed and the money could be disbursed this Financial Year.
“We want all the money in the counties to be in one pot managed by the governors so that if it is misused it will be easier to know who to look for. MPs should decide whether they support devolution or not,” said Nyamira Senator Mr Kennedy Mong’are.
As per the regulations, the money will be given the respective ministries that will then discharge it either directly or through counties.
“Commission for the Revenue Allocation has already developed a formula and the first 14 counties have been identified…Clause 204 (3) (b) is clear that the money shall be disbursed through counties. Any proposal to amend this is self-serving,” added Mr Kilonzo Jr.
Recently, the Senate Committee on Finance asked the Treasury Cabinet Secretary Henry Rotich to brief the House on the safety of the money given the Fund. Members of the House team wanted to know whether the money was still in the Equalisation Fund account or had been used for other purposes.
The Ministry informed the House that the money was intact and was only waiting for the regulations.
The Constitution indicates that the Fund would only be used to provide basic services including water, roads, health facilities and electricity to marginalised areas in order to uplift them to the level other regions have reached.
