The stalemate surrounding whether counties should get Sh400 billion or Sh380.1 billion as shareable revenue took a new twist yesterday after members of the National Assembly issued fresh demands that they want met before the impasse is addressed.
Members of the National Assembly who sit in the 18-member mediation committee told their counterparts from the senate to engage the governors to withdraw the case surrounding the Sh10.5 billion Road Maintenance Levy Fund (RMLF) to allow the talks to bear fruits.
The MPs from the National Assembly co-chaired by Kiharu MP Ndindi Nyoro and Mandera Senator Ali Roba said that the issues they are facing are of a political nature and can only be resolved politically.
The impasse surrounding the sharable revenue came after senators insisted that counties should get the Sh400 billion that had been agreed upon during the initial mediation talks up from the Sh415 billion had been proposed yet Members of the National Assembly had agreed with a proposal by President William Ruto that counties should get Sh380.1 billion because of the withdrawal of the Finance bill.
The sentiments by the members come after the high court two months ago froze the disbursement of the Sh10.5 billion after the National Assembly’s excluded county governments from benefiting from the fund.
Justice Lawrence Mugambi, temporarily halted the removal of Sh10.5 billion in conditional grants allocated to counties for the 2024-2025 financial year until a case filed by the Counsel of Governors and other petitioners is heard and determined.
The petitioners, represented by lawyer Peter Wanyama, argued that the decision to strip counties of RMLF funds was made without proper legal basis and disregards the constitutional mandate of counties to maintain road infrastructure.
And in parliament yesterday, Funyula MP who is a member of the committee told the senators to ensure they engage with the governors before their next meeting in order for them to come up with an acceptable position on the matter.
He said: “Let us all be honest, this is a political process and the Senate should have a conversation with the Council of Governors and deal with the elephant in the room which is the actual figures on the revenue share to counties and the court issue over the Roads Maintenance Levy.”
Nyoro also insisted that senators should engage the governors to come up with an agreeable figure before their next meeting. He however told the members to be ready to deal with the matter and provide solutions to it.
He said: “A deliberate solution is important. We must not run away from the underlying issues. It would be a dereliction of duty. We must not take the easy route. Real solution is to unlock the money.”
He added: “If it was possible, the Senate should find time to speak with the council of governors. Have COG attend as friends. We need to have the session formally or informally. We must be deliberate.”
Rarieda MP Otiende Amollo reminded the committee of the Presidential veto on County Allocation Revenue Allocation (CARA) that recommended the equitable share to be Sh380 billion.
He said: “We have to agree in order to persuade the house to agree with us. Otherwise it will be a dereliction of duty. The way we implement the presidential veto over bills is that we give him power to make laws which were not contemplated in the constitution.”
Kitui Centra’s Makali Mulu said the withdrawal of the finance bill had occasioned serious financial challenges which were not envisaged and thus insisted that the two levels must bear the shortfall.
