• The Supplementary Appropriations Bill allocated Sh15 billion to the Nairobi Metropolitan Service.
• However, Sonko didn’t approve the bill and sent it back to the assembly with amendments contained in a memorandum.
Image: FILE
The supremacy war between Nairobi Governor Mike Sonko and County Assembly Speaker Beatrice Elachi over the Supplementary Appropriation Bill, 2020 is far from over.
The two have been at loggerheads over the Bill passed by the Assembly on April 2, 2020, that is meant to allocate Sh15 billion to Nairobi Metropolitan Service (NMS) for the transferred county functions.
Speaking to the Star on Saturday, Elachi said the Governor failed to meet the deadline in returning his memorandum back to the Assembly for review.
She stated that despite the Governor refusal to assent to the bill, it had already become law.
The former Nominated Senator added that Sonko’s letter arrived past 4pm on Friday which was the expiry of the seven days as provided for in Standing Order 145 (6) for the Governor to assent to the Bill.
"I confirm that my office has received a communication from the Governor, saying he is resubmitting the memorandum for consideration but did it past 4pm. By then the government institutions are closed due to the current curfew in place,” Elachi said.
She added; "But he had a whole seven days to respond but chose to do so at 4pm on the deadline day which is unacceptable. Who works like that."
However, the Governor’s letter to Elachi seen by the Star is dated April 21, 2020; three days before the deadline.
In the letter, Sonko accused Elachi of abuse of office and failing to observe the law by failing to present his memorandum to the MCAs and rejecting before being debated.
Sonko maintained that the original Bill resubmitted for him to sign was in contravention of Section 131(2) of the Public Finance Management Act and Section 21(3) of County Governments Act and therefore he is not obliged to assent to it.
The Governor also noted that according to County Assembly Standing Order 146(2), his memorandum remained alive and only the decision of the Assembly and not the Speaker could nullify it.
"From the aforementioned, the said process was not followed rendering the action taken by you as the speaker of the assembly unlawful and utter disregard of the law. The Bill, therefore, passed by the Assembly should fail and can therefore not be presented for publication," Sonko said.
Sonko said that the County Treasury has already prepared a supplementary budget that will be forwarded to the Assembly for consideration and approval.
Image: COURTESY
Elachi said she is not fighting the Governor but is only following the provisions of the Constitution, which is the law.
In addition, the Speaker subsequently advised Sonko to submit a second supplementary budget after consultation with the NMS as the contested Supplementary Appropriation Bill had already taken effect.
"We only have one month left before the financial year ends and I wish Sonko could accept the guidance that the assembly is giving him for the sake of the city residents. The best he can do is to do a second supplementary budget since this one has already been passed to law," she said.
Sonko refused to assent to the Bill passed by the Assembly on April 2 and sent it back to the Assembly with amendments contained in a memorandum.
He also accused the assembly of overstepping its mandate by allocating funds to functions that were not part of the Deed of Transfer of functions.
But Elachi dismissed the memorandum on April 17 in a special sitting and went to argue that Sonko had until last Friday to assent to the Bill.
She also said that the issues raised by Sonko are Constitutional in nature and can only be determined by the courts.