• The Finance and Budget Committee says the money can only be transferred to NMS after the county assembly approves the budget and ascertains what is allocated to the four transferred functions.
• 'We need proper law to govern such transfers as the provision of the Constitution aren’t as elaborate'
A Senate committee has rejected the National Assembly's allocation of Nairobi county's entire Sh15.9 billion equitable share revenue to the Nairobi Metropolitan Service.
The Finance and Budget Committee says the money can only be transferred to NMS after the Nairobi county assembly approves the budget and ascertains what is allocated to the four transferred functions.
Members of the committee chaired by Mandera Senator Mohamed Mahamud rejected the transfer of county funds because it lacked the MCAs' approval.
In February, Sonko signed away four critical functions to the national government. They were health, transport, planning and development and public works and utility services
The panel scrutinised the Division of Revenue Bill, 2020 passed by the National Assembly three weeks ago. The Bill divides money collected nationally between the county and national governments.
Mahamud will table the Bill and the committee's recommendations to the House for approval when the Senate reconvenes. Speaker Kenneth Lusaka on Monday suspended sitings after President Uhuru Kenyatta declared cessation of movement in and out of the Nairobi metropolis.
Committee vice-chairman Isaac Mwaura and member Mutula Kilonzo Jr told the Star they rejected the National Assembly’s proposal because MPs overstepped their mandate.
“The Bill is supposed to divide money between national and county governments. The National Assembly cannot go further to allocate money to Nairobi,” Mutula said.
The Makueni senator said the deed of transfer gazetted by Devolution CS Eugene Wamalwa stipulated that the money meant for the functions shall be drawn from the county revenue fund and not the consolidated fund as suggested by the National Assembly.
He said allocation of money to individual counties is made in the Allocation of Revenue Bill which is purely the job of the Senate.
“The function that were transferred are four and the total allocation for all the functions is Sh15.9 billion. So, who decided how much money is supposed to be allocated to the four functions?
“That is reason they must allow the county assembly to budget for those functions that have been transferred and then transfer the money from CRF to the NMS fund,” he said.
Mwaura said the Constitution stipulates that even in instances where functions are transferred, the roles remain primarily with the county government and so are the funds.
“Such determinations shall only happen at the passage of County Allocation of Revenue Bill. So clause (2) and (3) [of the Division of Revenue Bill] are faulty and undermine the role of the Senate and county covernments,” he said.
The nominated senator added, “We shall allocate all monies to the Nairobi county since it is not suspended. The determination of how much goes to NMS can only happen after.”
The senators however acknowledged that the Nairobi situation has posed a challenged and were mulling a law to guide allocation of funds for transferred functions.
“We need proper law to govern such transfers as the provision of the Constitution aren’t as elaborate,” Mwaura said.
Mutula said they were considering reactivating the Transfer to Devolved Units law that provides solutions to such scenarios.
Edited by Peter Obuya