Claims of intimidation, threats and bribery marred the Senate debate on the revenue allocation formula as senators failed to resolve the matter for a record seventh time on Tuesday.
The session to debate and vote on the contentious formula was adjourned after senators opposing the disputed formula ganged up to adjourn the proceedings.
The adjournment motion was moved by Elgeyo Marakwet Senator Kipchumba Murkomen, an ally of Deputy President William Ruto, who has been critical of the disputed formula.
“There is an opportunity for all of us as Senate to have a conversation around this subject matter and come to a conclusion that those who are losing by a huge margin may perhaps lose a little and those gaining are gaining a little and then we keep our country together,” Murkomen said.
A similar motion brought by Minority Leader James Orengo was rejected last week.
However, on Tuesday, 34 senators voted in favour of an adjournment. Twenty-six opposed the adjournment and one abstained.
“Its a house of shame and dishonesty at the expense of Kenyans,” a senator said.
Over the weekend party leaders led by President Kenyatta, ODM leader Raila Odinga and Kanu’s Gideon Moi made concerted efforts to reach consensus with the senators opposed to the proposed revenue formula.
Senators from Coast refused to attend the meetings while from Northeastern only Yusuf Haji turned up.
While pleading with his colleagues to give dialogue a chance, the former Majority Leader said the controversy had polarised the country between losers and gainers.
In the disputed formula proposed by the House Finance and Budget committee, 19 counties will lose Sh17 billion compared to last financial year’s allocation.
The senators of the losing counties have teamed up and managed to convince at least seven of their colleagues from the gaining camp to defeat the committee proposal.
The team christened One Kenya comprises senators from Northeastern, lower Eastern, Coast, parts of Rift Valley and parts of Nyanza.
It is led by youthful senators Mutula Kilonzo Jr (Makueni), Cleophas Malala (Kakamega), Ledama Ole Kina (Narok) and Johnson Sakaja (Nairobi).
It emerged that the move by senators to push for adjournment was born out of pressure, intimidation and threats as they took the floor.
“It was a plan. Pressure was too much but objectively, we wanted to give dialogue a chance. We want to go through all the amendments and build consensus,” Makueni's Mutula Kilonzo, whose axis is opposing the formula, said.
But it was Narok Senator Ledama Ole Kina who let the cat the out of the bag. He said they had been intimidated, coerced and even threatened because of their stand.
He singled out his Nairobi colleague Johnson Sakaja, saying the young lawmaker had been trailed and threatened.
A visibly emotional Sakaja, who took to the floor moments after Ole Kina, said he had endured one of the most difficult weekends. He said he was trailed by police officers the entire weekend.
At some point, the officers camped outside his home waiting to arrest him.
“On Friday, I was being trailed by police officers in a vehicle registration number KBZ 317W and I saw them and they left. I raised it with the IGP but he didn’t t respond,” Sakaja said on the floor.
He narrated how he arrived in Parliament at 5am to escape an arrest that had been orchestrated to ensure he did not show up in the chamber for the debate on a motion that he had moved to amend the committee’s formula.
In the amendment, whose debate was adjourned last week, Sakaja is pushing for a formula that places the Sh316.5 billion allocated in the last financial year as the base.
Later, Sakaja told the Star there was a plot to arrest him over his recent scuffle with Kilimani police officers for flouting the curfew.
“On Monday morning, I got out very early. I wanted to get papers at Total petrol station. When I got out, I saw a vehicle, then they put on the headlights. So, I said, let me move back. I went left and moved fast and switched off my phone, took papers and came back.
“In the evening, I was meeting some colleagues at Radisson. Senator Farhiya Ali (nominated senator from Nairobi) tells me that she was told I should not come to the chamber so that Beth Mugo votes on behalf of the Nairobi delegation. But I told her that I will. It was there that I learnt they didn’t want me to come to the chamber,” he said.
The plan, according to the senator, was to arrest and detain him and charge him for allegedly assaulting Kilimani police officers.
But Majority Leader Samuel Poghisio and Majority Chief Whip Irungu Kanga'ta challenged those claiming intimidation and threats to substantiate.
“This is a house of order. It is only fair to substantiate instead of making unsubstantiated allegations,” Poghisio said.
Earlier, Ole Kina had claimed in a tweet that some of the senators opposing the formula were being offered up to Sh5 million to support the government agenda.
Kakamega Senator Cleophas Malala, who also opposes the formula, said they had taken the decisive approach to save the country from being divided.
“Though as Team Kenya we had overwhelming numbers to shoot down the proposal, we reconsidered the matter and agreed to give dialogue a chance,” he said.
“In our consultation and building consensus, we will loop in everybody who is interested in the process including CRA and party leaders President Uhuru Kenyatta and ODM leader Raila Odinga."
During the Tuesday debate, Minority Leader James Orengo and Kiambu Senator Kimani Wamatangi were set to introduce separate amendments to the committee formula and the one proposed by Sakaja.
Orengo had suggested that committee formula be sent to the Commission for Revenue Allocation for further improvement before a report is filed in the Senate.
Wamatangi, on the other hand, wanted to remove the baseline set by Sakaja and allow the parameters suggested in the Sakaja’s proposal to apply in the sharing of the Sh316.5 billion allocated to the counties in the budget.
Kang'ata whose amendment to defer the committee formula by two years was defeated last week accused Sakaja and other Jubilee senators opposing the formula of going against the party position.
Edited by Henry Makori