Senators have accused the Executive of breaking the law by slashing funds allocated to counties this financial year.
They said it was illegal to shed at least Sh9 billion from the counties’ kitty without consulting them.
The legislators, who spoke on Monday when they began their out-of-Nairobi sittings in Eldoret, said the reduction of money due to the devolved units could not be done through the Supplementary Financial Estimates as happened last week in the National Assembly, describing the process as a gross violation of the law.
“There is a tendency by the national executive to do things that violate the law,” Mandera Senator Mohamud Mohamed said at the Uasin Gishu County Assembly.
“You can’t announce cuts to funds for counties through the National Assembly or the supplementary financial estimates,” he added.
BUDGET GAP
The National Assembly on Thursday approved President Uhuru Kenyatta’s austerity measures allowing the National Treasury to slash up to Sh52.6 billion from various ministries to fill a Sh55 billion budget gap.
Mr Mohamed described the procedure as illegal and unconstitutional, saying the process could only be carried out at the Senate through an amendment to the Division of Revenue Act, 2018.
However, the senator, who chairs the Budget and Finance Committee, did not say how they would respond to the cuts since the President has already approved the Supplementary Financial Estimates.
Minority Leader James Orengo called on the national and county governments to work together on issues touching on budgetary allocations.
“Raising revenue is a role preserved for the national government. If there is a shortfall in revenue collection it is wrong to target counties.
“If there are cuts, the national government should bear the brunt unless we make raising revenue a collective role between the two levels of government,” Mr Orengo said.
DEVOLUTION
He asked MCAs from across the country to join hands with the Senate to fight policies that end up hurting counties, saying failure to do so would kill devolution.
The Senate is this week conducting its business in Eldoret against the background of attempts by an MP to recommend the scrapping of the House as part of efforts to cut the public service wage bill.
Soy MP Caleb Kositany has written to the Speaker of National Assembly proposing to draft a bill to abolish the Senate and the positions of Nominated MP and MCAs, which he says would save the exchequer Sh3 billion.
Speaker Kenneth Lusaka dismissed the calls, saying those thinking of abolishing the House are day dreaming.
“Abolishing the Senate is killing devolution and those who are thinking along those lines are dreaming. It is like taking us back to 1966 and no one is taking us back that route again,” Mr Lusaka said.