Sonko threatens legal action after MCAs reject budget memorandum

 

Nairobi Governor Mike Sonko has threatened to sue after MCAs on Tuesday voted to reject his memorandum on the Sh37.5 billion budget.

The governor claims crooks working with the support of State House want to allocate funds to the NMS and leave his administration without cash.

Sonko transferred four key functions to the national government early this year. The government established NMS led by Mohammed Badi to lead the agency.

Sonko claims MCAs want to allocate funds meant for other functions still under City Hall to NMS.

“After being conned the money of the functions not transferred, I have done thorough research on the law. Sasa mabroker wa State House who sneaked in their fake budgets to steal what belongs to us, Tukutane kortini (let's meet in court,” Sonko said on Friday.

The assembly on October 8 passed a Sh37.5 billion budget, allocating the Nairobi Metropolitan Service Sh27.1 billion, leaving Sonko’s administration with just Sh6.4 billion.

However, Sonko refused to assent to the budget citing a deficit and 'illegal' allocation of funds to NMS. He sent it back to the assembly with amendments.

While rejecting the budget, Sonko recommended the assembly to reduce the budget from Sh37.5 billion to Sh31.6 billion in accordance with the County Fiscal Strategy Paper 2020-21 and budget estimates that were presented by the executive.

He argued that the budget presented by the assembly contravened provisions of the Public Finance Management Act 31(c) which provides that the total budgeted revenue and expenditure must be balanced.

The assembly this week voted and rejected his memo, leaving the budget at Sh37.5 billion.

The governor on Friday said the original estimates by the executive were overlooked, removed and illegally replaced.

He said there were people working behind the scenes to intimidate MCAs with orders from above.

“Instead, budgetary estimates from illegal sources were inserted contrary to the Constitution. The law is very clear that only the county executive committee can submit budget estimates even for the transferred functions,” he said.

He said the county assembly's electronic voting system was manipulated to block many MCAs from voting for his memorandum.

On Tuesday, 88 out of 122 MCAs voted to reject the memorandum reaching the two-thirds majority vote required to reject the memorandum.

Sonko also claimed the electronic system allowed people who were not MCAs to vote. He said the assembly's standing orders do not allow electronic voting.

“The electronic voting system of the county assembly was manipulated to block many MCAs from voting against the bill so that even MCAs who voted NO against the bill ended having their votes appearing in the system as YES,” Sonko said.

The standing orders require speaker Benson Mutura to send back the bill to the governor within seven days for assent. The bill is expected to become law seven days thereafter whether Sonko assents to it or not.