Counties shut down coming in two weeks, Oparanya says

County governments have warned they will shut down operations in the next two weeks if senators failed to reach a consensus on the third generation revenue allocation formula.

Council of Governors (CoG) chair Wycliffe Oparanya said the continued stalemate could open room for a possible petition to have the senate dissolved.

 Mr Oparanya said the Constitution gives any member of the public authority to petition the dissolution of the senate through the High Court.

“It is unfortunate that county governments are unable to even pay the salaries and allowances of our health workers who remain in the front line to save lives of Kenyans,” said Mr Oparanya when he addressed the press in Kakamega town Thursday.

He explained that should the prevailing situation persist, effective September 17, counties will have no choice but to shut down.

The Kakamega governor warned that county government services will not be available as all county employees will be released to proceed on leave until an amicable solution on the revenue allocation formula is reached.

He said counties were going through tough times and are unable to effectively discharge their functions and general operations including implementation of development projects and payment of salaries to county staff especially in the wake of the Covid-19 pandemic.

“We express our discontent with Senate’s failure to build consensus on the third generation formula which has consequently delayed the approval of the County Allocation of Revenue Act, 2020. This is tantamount to killing devolution similar to what happened in 1964,” he said.

The governors have however, issued an alternative by asking the National Treasury to apply the current revenue formula and release the county equitable share of revenue without further delays.

 They said the Constitution under Article 217(7) allows for the current (second) revenue formula to apply until such a time that the subsequent formula is approved.

Mr Oparanya drew the attention to the Supreme Court Advisory reference No.3 of 2019 which stated that: “Without a budget and consequent financial appropriation there would be no Executive, legislature, Judiciary or county government.”

 “The CoG notes with concern that despite the above pronouncement by the Supreme Court plus the requirement under Article 1990 of the Constitution, the Senate has failed to safeguard the interests of County Governments by failing to pass the 3rd generation formula. We therefore have no alternative, but shut down the counties until the MPs will deem it fit to release monies to county governments,” he said.

The governors also took issue with the Attorney General censoring him of issuing a contrary advisory to the Constitution and the Supreme Court Advisory.

 They have tasked the AG, Mr Paul Kihara to withdraw his advisory “because he cannot overrule the Supreme Court finding”.

 Mr Oparanya accused the Senate Committee on County Public Accounts and Investments of planning to extort the governors through invitations for the county bosses to appear physically in committee meetings despite earlier consensus that all meetings shall be held virtually.

 “We categorically state that Governors will not bow down to the extortionist nature of this County Public Accounts and Investments Senate Committee and will only appear virtually until Covid-19 pandemic is over and funds have been disbursed to County Governments,” noted the CoG chair.

 He called on the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations to investigate the County Public Accounts and Investments Committee of the senate over claims of extortion.