• The feeling was that the senators deliberately boycotted the meeting to frustrate the bill
• Counties remain starved of cash as the supremacy battle pitting the two Houses continues
MPs on Wednesday alluded to a hidden hand in the stalemate that has denied county governments access to billions of shillings.
This was after a meeting to negotiate the amount to be disbursed to counties failed over a quorum hitch.
The MPs blamed outside political forces, arguing that it was not coincidental that only two senators out of the nine in the committee appointed for the mediation on the Division of Revenue Bill, 2019, were present.
Their feeling was that the senators may have deliberately boycotted the meeting in a pre-arranged bid to frustrate the bill. They pointed fingers at the Senate leadership.
Only Senators Maalim Mahamud (Mandera) and Okong’o Omogeni (Nyamira) were present.
The mediation committee chairman Kimani Ichung’wa (Kikuyu MP) communicated the apologies – without detail – of Senators Mutula Kilonzo (Makueni), Johnson Sakaja (Nairobi), Ledama ole Kina (Narok), Charles Kibiru (Kirinyaga) and Margaret Kamar (Uasin Gishu).
Senator Mithika Linturi (Meru) was at the hearing of his divorce case by Maryanne Kitany.
Nominated MP Cecily Mbarire was absent with an apology. Her absence did not affect the required quorum of three from either side.
Leader of Majority Aden Duale questioned why the Senate leadership did not make an effort to procedurally replace the absent members.
During mediation, the Speaker of a House whose member(s) are absent is supposed to communicate – in writing, who is replacing the absentees.
“This thing is not ordinary. For one, the Senate leadership should have whipped the members to attend this meeting,” Duale said.
As the supremacy battle pitting the two House worsens, counties are starved of cash for the daily operations.
Health workers in Baringo, Kisumu and Kirinyaga counties have stayed away from their work stations for days citing non-payment of salaries.
The 47 devolved units – for lack of a legal basis – cannot withdraw even the Sh51 billion already disbursed to their accounts.
Duale reprimanded the senators for treating the matter of revenue for counties contemptuously.
“Unlike other mediation committees, this one involves money meant for counties. We must take this matter with the seriousness it deserves,” the Garissa Township MP said.
He said that due to his efforts, Likoni MP Mishi Mboko and Ichung’wa had arrived from Mombasa in the morning for the meeting.
“Even if our members of the Senate assigned to this committee were not available, the leadership should have appointed some people to replace them,” Duale said.
“Going forward, on behalf of the people of Kenya, we must take this matter seriously. The legislature cannot play ping pong.”
He warned that should the trend continue, Parliament may not meet the 30-day deadline as suggested by Chief Justice David Maraga when the matter was put before his bench.
The CJ had said the Judiciary would not want to interfere with Parliament’s work and hence asked the members of the august House to agree on the figures.
Duale proposed that the Council of Governors, accounting officers of the National Government, Parliament, Chief Registrar of the Judiciary; and the Commission on Revenue Allocation be brought on board.
The Division of Revenue Bill has been in the unchartered waters after the National Assembly and Senate raised different amounts as a share of national revenue.
Whereas MPs have ceded their initial proposal to settle for Sh316.5 billion, Senators want Sh335 billion sent to counties.
Ichung'wa told journalists later that they are now mulling budget cuts from the three arms of government to meet the demand by counties.
Senator Mahamud said it was regrettable the meeting failed but pointed that he raised concerns with the National Assembly on the absence of the members.
“I consulted with the National Assembly advising that this meeting cannot happen. I knew we were going to face this today. I knew by yesterday morning that the members were not available.”
“In all honesty, I contacted Duale asking for a meeting on Tuesday. Let us not play to the gallery that we are acting in bad faith,” the Mandera Senator said.
Tentatively, the committee has planned a meeting on September 11, being two days after the Supreme Court will have delivered judgment on a case filed by senators and governors.
The other MPs present were John Mbadi (Suba South), Junet Mohammed (Suna East), David Sankok (nominated) Amos Kimunya (Kipipiri) and Makali Mulu (Kitui Central).