Senators have rejected a proposal to have Nairobi County's Sh15.9 billion allocation withheld by the national government to fund transferred functions.
Although Senate passed the Division of Revenue Bill 2020 to have devolved units share Sh316.5 billion, they turned down a proposal by the National Assembly that Sh15.9 billion meant for Nairobi be retained in Consolidated Fund. Rejecting the proposal, Senator James Orengo (Siaya) said that the funds were allocated to the people of Nairobi and that the county must be responsible for the funds.
“What is really proposed in this Bill is to kill devolution as we know it. It will begin with Nairobi and if it can happen to Nairobi, it can happen to any county,” said Orengo.
Mutula Kilonzo Jnr (Makueni) said the proposal to put all the money meant for Nairobi in the Consolidated Fund was unconstitutional and illegal.
“If the governor of Nairobi has some problems, Nairobi does not have a problem,” said Kilonzo Jnr.
Senator Moses Wetang'ula (Bungoma) described the proposal to deny Nairobi part of the county allocations as unconstitutional and a draw back on devolution, noting that the county had only ceded four functions.
“Nobody in his right frame of mind at whatever level, whether it’s National Assembly, or in the Executive should embark on such a misadventure because this is going to kill devolution,” said Mr Wetang'ula.
Senator Johnson Sakaja (Nairobi) said that it was unconstitutional to try and appropriate money for any county. “Nairobi County should get its full share based on division of revenue and county allocation of revenue and thereafter the County Assembly of Nairobi should appropriate accordingly,” said Mr Sakaja.
In the Division of Revenue Bill, 2020 Treasury retained the shareable revenue at Sh316.5 billion.