• Sonko had cut Sh8.9 billion recurrent expenditure of the Nairobi Metropolitan Service and Sh2.9 billion for development expenditure.
Image: FILE
Nairobi county assembly Speaker Beatrice Elachi has returned the County Supplementary Appropriation Bill, 2020 back to Governor Sonko for his assent.
The bill sent back is the original that was passed by the House on April 2, and which allocated at least Sh15 billion to the Nairobi Metropolitan Service.
In her ruling, Elachi set aside the said memorandum in its entirety and it will not be committed to the Committee of the Whole Assembly.
She said her ruling was based considering the urgency of the Bill and the prevailing circumstances precipitated by the Covid-19 pandemic.
The ruling was made during a special sitting held on Friday.
On Wednesday, Sonko rejected to assent to the Nairobi City County Supplementary Appropriation Bill 2020, sending it back to the County Assembly with amendments.
Sonko also cut Sh8.9 billion recurrent expenditure of the Nairobi Metropolitan Service and Sh2.9 billion for development expenditure.
In the amendments, Sonko reduced the Covid-19 emergency fund to Sh520 million from an earlier allocation of Sh 1.02 billion.
Highlighting Section 113 of the PFM Act, Sonko defended his move, saying the CEC for Finance cannot make payments out of the emergency fund exceeding two per cent of the last audited accounts.
“In FY 2018-19, the county reported a consolidated revenue collection of Sh26.01 billion and, therefore, the maximum that may be provided under the Emergency Fund is Sh520.2 million,” he said.
However, Elachi explained that the assembly did not violate the Public Finance Management Act, 2012 as highlighted by the governor.
Sonko had accused the assembly of failing to consult the CEC for Finance on the issue.
Defending the assembly , the Speaker said the bill originated from the County Executive and was considered by the Select Committee on Finance, Budget and Appropriations who in accordance with assembly practices had sought the views of the County Executive Committee Member for Finance.
“It is important to also note that the Committee is not bound to agree with the views of the CEC Member neither is the CEC Members bound to respond,” Elachi said.
Terming Sonko’s argument “fatally flawed’ , Elachi further noted that in regards to the Emergency Fund Section 113 of the PFM Act, 2012, it doesn’t give a limit on the amounts that can be set aside by the assembly for emergencies.
“In fact, we are operating under unprecedented situations occasioned by the out-break of the Covud-19," she said .
The Speaker further explained that the assembly in its own wisdom saw it fit to resource the Emergency Fund to cater for all the Covud-19 challenges, In consideration of the fact that the county is operating under unprecedented situations occasioned by the pandemic.
On issues pertaining the Deed of Transfer, Elachi highlighted that Sonko had time to amend the deed before it became effective but failed to do so.
“Further, the Deed of Transfer provided for a twenty one (21) days period within which both the National Government and the County Government would raise any reservations and amend the Deed before it becomes effective. It is important to note that the governor did not raise his reservations during this window,” she explained.
Sonko had accused the assembly of attempting to transfer functions that were not part of the Deed of Transfer.
According to the agreement, the functions transferred include health services; transport services; public works, utilities and ancillary services and county government planning and development.
Ancillary services is inclusive of the human resource, security and enforcement, accounting and finance, and legal services.
Elachi quoted Article 187 of the Constitution which requires that resources must follow functions and that the opposite shall be setting the Nairobi Metropolitan Service for failure even before it commences its work.
She pointed out that Sonko’s memorandum entirely raised questions of constitutional and legal interpretations that require her determination.
Giving an example, Elachi noted former Speaker Alex Magelo in his ruling delivered on May 17, 2017 overruled six reservations former Governor Evans Kidero and only referred one reservation to the relevant Committee and subsequently to the Committee of the Whole Assembly.
Thus making her as the Speaker to have the power to interpret questions that require constitutional interpretation.