•Elachi returned bill to Governor Sonko without including his amendments
•Senators Kilonzo and Ole Kina term her action unlawful
Image: FILE
After a week of push and pull over the Supplementary Appropriation Bill, 2020, the gloves are off between Nairobi county assembly Speaker Beatrice Elachi and Governor Mike Sonko.
The bill was passed on April 2, allocating at least Sh15 billion to the new Nairobi Metropolitan Service to perform key functions.
However, Governor Mike Sonko failed to assent to the bill, returning it to the assembly with amendments contained in a memorandum.
On Thursday, speaker Elachi called a special sitting where she communicated to the house her ruling on the bill, sending it back to the governor without his amendments.
Senators have now come out to condemn speaker Elachi’s decision to turn down Sonko’s amendments.
They say the bill from the assembly is wrong and the speaker does not understand the law.
Narok Senator Ledama Ole Kina said Sonko was smart not to sign the bill in accordance with Article 187 (2) of the Constitution .
“Many thought he was stupid to transfer powers. Very calculative,” he said.
Makueni Senator Mutula Kilonzo told the Star Sonko was right to refuse to assent to the bill because he cannot appropriate money he has not received.
He said the Deed of Transfer Agreement clause 5.2 states that money for the county functions handed to the national government is supposed to be appropriated from the County Revenue Fund.
“As we speak now, the National Assembly has put it under the Consolidated Fund. Until the National Assembly and Senate agree through mediation for that money to be put in the County Revenue Fund, there is nothing the assembly can do,” Mutula explained.
Image: FILE
The Senators also told off Elachi for refusing to consider the governor’s memorandum on the bill.
In her ruling, Elachi set aside the memorandum in its entirety, terming Sonko’s argument “fatally flawed."
She said her ruling was based on the urgency of the bill and the prevailing circumstances precipitated by the Covid-19 pandemic.
The senators say Elachi should stop personalising matters between her and Sonko and do what is lawfully required of her as speaker.
Senator Ole Kina said the speaker cannot decline to a memorandum from a governor rejecting supplementary appropriation bills.
“Our dishonesty will destroy this country. This power struggles must come to an end,” he said.
Senator Mutula said Elachi was out of order and appeared not to know the law.
“When a governor, just the President, sends a memorandum according to Article 115 of the Constitution , you cannot send it back. You either amend or pass it as it is by two thirds majority,” he said.
“What I understand is she just read a letter giving a ruling. This is a complete misunderstanding of the law.”
Mutula said Elachi as a speaker was not a member of the house and does not have a vote in any item.
“I understand the MCAs never voted on the memorandum as required by law. Elachi cannot purport to take away the power of members.The role of the speaker in the house is to moderate debate not personal opinion on matters,” he explained.
County assembly chairman of the Budget, Finance and Appropriation committee Robert Mbatia said the committee did not receive a copy of the memorandum.
Assembly Standing Orders state that the message together with the governor’s memorandum shall be committed to the relevant committee for consideration and the clerk shall circulate copies to the committee members.
“We never saw the governor’s memorandum. We all received a text in the morning calling us for a special sitting," he said.
Image: FILE
Standing Order 145 states if the governor refers a bill back to the assembly, the MCAs may amend the bill inclusive of issues raised by the governor or pass the bill without amendment.
“If the assembly amends the bill putting into consideration issues raised by the governor, the speaker shall within 14 days submit the bill to the governor for assent,” reads the order.
However, if the assembly passes the bill for a second time without the governor’s concerns by a vote supported by two thirds of MCAs, the speaker shall within seven days re-submit the bill to the governor, who should assent to the bill within seven days.
It the governor fails to assent within the required period, the bill shall be taken to have been assented on the expiry of that period.
Edited by Henry Makori