Governors have opposed a law allowing national government spending before the deadlock on another legislation revenue allocation is resolved.
The criticised what they termed hasty passage, by the National Assembly and assent by the President, to the Appropriation Act in the face of a stand-off over the Division of Revenue Bill.
Council of Governors (CoG) Chairman Peter Munya said they would challenge the law in court. “The council is shocked that the President assented to the Appropriation Bill while mediation on Division of Revenue Bill (DoR), 2017 is still ongoing,” said Munya.
He added: “What will the Act appropriate? It is like putting the cart before the horse. The right process and procedure must be followed. If national government is allowed to spend over and above the budget, it will result in a constitutional crisis.”
“We will want the courts to deliberate on this matter and cushion against future occurrence. We are happy with the Senate’s position to ensure counties are properly resourced.”
“His (President’s) actions undermine the mediation process, which will settle the allocation of revenue to both levels of government. The DoR informs the County Allocation of Revenue Act (CARA), which distributes the equitable share amongst the 47 county governments.”
Munya accused the National Assembly of allowing the national government to use it to deny counties funds.
“We are reading mischief in the hasty way the Bill was passed and assented to. We are going to oppose the Act. There cannot be an Appropriations Act when both Houses have not agreed on moneys shared between the two levels of government,” said Munya.