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The fate of the controversial revenue sharing formula, which is set to be debated today could be thrown into further jeopardy after four more senators joined hardliners opposed to it.

The vote has taken a regional dimension with more senators whose counties stand to benefit opted to vote against it in solidarity with colleagues from their home areas whose units could lose revenue if the disputed formula is passed.

The four senators who are said to have changed their mind include Mithika Lithuri (Meru), Njeru Ndwiga (Embu), Moses Wetang’ula (Bungoma) and Michael Mbito (Trans Nzoia).

The four join the group led by Nairobi Senator Johnson Sakaja, his Makueni counterpart Mutula Kilonzo Jr and Narok’s Ledama ole Kina, which last rallied 25 senators to shoot down amendments to the formula despite a spirited effort by Majority Whip Irungu Kang’ata to have it passed.

As things stand, the Sakaja group has 29 senators on their side, a situation that could further frustrate efforts to pass the formula.

It is understood that though Linturi and Ndwiga’s counties stand to gain, they had decided to vote in solidarity with their neighbour Tharaka Nithi county, which could lose revenue while Wetangula and Mbito had decided to throw their weight behind Vihiga County.

Yesterday, a section of senators accused the Executive of attempts to bully them to pass the formula but vowed to reject it.

“This is a very sensitive and volatile matter. It’s a matter of life and death for my people but for the interest of my security and of the senate, I will not disclose much at the moment,” Lamu Senator Anwar Loitiptip told People Daily in a phone interview.

Mutula said the intimidation had taken the form of threats to promises of money.

“I am shocked that my colleagues are being intimidated because of their stand.

I want to reveal to you just like I had earlier indicated on the floor of the House, senators are facing unknown pressure including some operators following them to their house. We are aware,” said the senator who is the Minority Whip.

“We want to tell whoever is behind this, that we are not afraid and our numbers are intact. We are sharing this information as it unfolds,” he added.

On his part, Kakamega Senator Cleophas Malala has however asked President Uhuru Kenyatta and Opposition chief Raila Odinga, who have been rallying support for the formula, to leave the matter to senators to shape their legacies.

For instance, he noted Raila has earned respect and adoration from Kenyans because he was on the correct side of history fighting the one-party rule and devolution.

“He (Raila) and the President should also allow us to stand up and write our history correctly because as it stands today, history is being written and we want to be on the correct side of history.” Malala noted.

He added: “We don’t want to dent our reputation and in today’s vote, we shall be on the correct side of history.”

Malala is among lawmakers from gaining regions who opted to stand with their colleagues from losing counties.

The others are Sakaja, Boniface Kabaka (Machakos), Prof Sam Ongeri (Kisii), Kipchumba Murkomen (Elgeyo Marakwet), Loitiptip (Lamu) and Philip Mpaayei (Kajiado). Mutula Jr, Sakaja and Ole Kina have all lined up amendments to the Senator Charles Kibiru-led Finance committee report that has recommended to the House that the Third Basis be approved, but its implementation suspended until the 2021/2022 financial year.

The People Daily has also learnt that they have cleverly filed notices of their amendments to motion in such a manner that if one fails, they would move to the other two until all the three are exhausted.

Already, the Senate had last week started dispensing with Sakaja’s proposed amendment before adjournment and it will be concluded this afternoon.

But before adopting the report, the senators will be required to deal with an amendment by senators Mutula Jnr and Ole Kina that seeks to cushion counties from losing any money.

However, the amendments are likely to face stiff opposition from their critics on the basis that they have not been subjected to public participation and could therefore raise a constitutional issue if adopted, as it drastically alters the formula by Commission of Revenue Allocation, according to Article 271 (1) of the constitution.

According to Mutula, the amendments are meant to ensure no county loses even a shilling.

“It’s is insurance, if Sakaja’s amendment is abandoned, Mutula’s is there as well as Ole Kina’s,” he said.

Sakaja’s proposal seeks to have the third Basis for sharing revenue among counties, for the Financial Year 2020/2021 to 2024/2025 be equitable share not exceeding Sh316.50 billion

He has asked senators to support the amendment saying a vote to retain current status will not mean a vote against the Government, insisting the formula pushed by the committee was retrogressive and that President Kenyatta who supports devolution will never push an agenda that pits one part of Kenya against the other.

Fear mongering

“Members should stop fear mongering and telling us tumeitwa (we have been called). There is no such thing.

He would have called me himself. This is in support of his agenda; BBI and uniting Kenya,” the Senator held.

“I would rather not get that Sh100 million more and defer my gratification to day when Nairobi will get the Sh15 billion extra it deserves, but save 19 or 20 other counties.”

Contacted, Ole Kina said: “For the sake of unity, I want to see Narok county receiving Sh8 billion, which they received last year for the next few years until the time we can generate more money.

I want to see Kirinyaga getting what they got this year. I want to see Lamu County getting, at the minimum, the amount they received this year, which was Sh2.5 billion,” he added.