NAIROBI, Kenya Aug 11 – Senators are expected to resume debate on the contentious Third Basis Formula for Revenue Sharing on Thursday after Speaker Ken Lusaka adjourned debate in compliance with a government-imposed curfew that bars movement between 9pm and 4am.
Senators, mostly from the Kenya Moja axis, led by Nairobi Senator Johnson Sakaja and Elgeyo Marakwet’s Kipchumba Murkomen had managed to have their amendment approved by the 25 out of 45 Senators who were present in the debating chamber and the extended chamber.
Speaker Lusaka had a hectic time presiding over the debate which was marked by numerous points of order by both the Kenya Moja axis and another team led by Minority Leader James Orengo.
Senators Murkomen, Sakaja, Ledama Ole Kina (Narok) and Aaron Cheruiyot (Kericho) bombarded the Speaker with points of order as they sought an assurance that debate will not be halted as was two weeks ago when Deputy Speaker Margaret Kamar stopped debate citing a recent proclamation by President Uhuru Kenyatta in which he instructed police officers to enforce the night curfew order without discrimination on one’s status.
The order came hot on the heels of an incident in which Sakaja found himself on the wrong side of the law, after he was arrested at a bar in Nairobi past the curfew hours.
The Nairobi Senator who was at the time, the Chairperson of the Senate ad hoc committee on COVID-19 pleaded guilty and was fined Sh15,000 by a Nairobi court for flouting violation COVID-19 Regulations.
On Tuesday night, Sakaja, Murkomen and Cheruiyot demanded the matter be subjected to a vote even as they claimed that there was a plot by unnamed forces outside the Chamber who were keen on derailing a Senate resolution.
Murkomen was adamant on the allegation, at one point suggesting that the House Speaker had refused to apply Standing Order 104 which requires him to invite the mover of the motion to conclude debate on his proposal so that the House can vote on it.
Other Senators including Deputy Leader of Majority Fatuma Dullo, Minority Whip Mutula Kilonzo Junior, Mithika Linturi (Meru) and Kithure Kindiki (Tharaka-Nithi) are among those who were opposed to the adjournment and expressed disappointment on the failure by the Speaker to be consistent with his rulings when debating the formula which has split the House down the middle.
During the debate that lasted six hours, Senators openly differed on which formula should be adopted with the Leader of Majority Samuel Poghisio rooting for an adjournment of the debate.
In a rare show of unity, Leader of Minority James Orengo and Nakuru Senator Susan Kihika urged Lusaka to end debate stating that legislators can not be breakers of the very laws that they enact.
At the time of adjournment, the House was debating a motion by Nominated Senator Petronila Were which seeks to delay the implementation of the formula proposed by the Commission on Revenue Allocation until such a time the government can allocate Sh348 billion as equitable share to the 47 county governments.
The current formula proposes that the counties receive Sh316.5 billion as equitable share.
If the Sakaja-Linturi proposal is adopted by the Senators on Thursday, then each county will be allocated between Sh250-Sh270 billion out of the Sh316.5 billion while the remainder will be subjected to the formula by the CRA.
Senators have deferred making a decision on the funds on seven occasions as they sought an elusive middle-ground on the matter.
There are two other amendments on the Order Paper including that of Orengo and Kimani Wamatangi of Kiambu.
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