ODM leader Raila Odinga has made a U-turn and no longer supports the third basis revenue sharing formula, but instead says no county should lose funds.

Raila on Wednesday said he did not have all the details on the CRA third basis formula. He said he was not aware that the report by the Commission on Revenue Allocation (CRA) had been changed by the parliamentary budget committee.

He urged the senate to find a more convenient formula that will suit all counties equally.

Raila had on Sunday met with a section of Jubilee leaders to discuss the third basis revenue sharing formula. The leaders met at Cotu chairperson Francis Atwoli’s home in Kajiado County.

The adoption of the formula proposed by the CRA prioritizes population.On Monday, the CRA offered technical input to resolve the impasse over county cash at the Senate.

The commission’s basis for recommending the third basis formula was premised on the idea that counties whose allocations were to decline by more than five per cent would be compensated by an increase in their equitable share allocation.

However, this year’s allocation by Treasury has not changed, thus making it impractical to cushion losing counties, the CRA said. Senators on Tuesday voted to adjourn debate on the Revenue Sharing Formula proposed by Sakaja.

The formula ensures no county gets less money than the amount they received in the last financial year.

ODM leader Raila Odinga on Sunday met with a section of Jubilee leaders to discuss the third basis revenue sharing formula that is set to be discussed in senate on Tuesday. The leaders met at Cotu chairperson Francis Atwoli’s home in Kajiado County.

In the meeting were Kenya national Congress Party leader Peter Kenneth and Jubilee vice chairman David Murathe. Kenneth confirmed that the meeting had organised to discuss the matter that has caused sharp divisions in the senate.

The adoption of the formula proposed by the Commission of Revenue Allocation (CRA) that prioritises population as a parameter of revenue allocation has been postponed six times after senators failed to agree.

Kenneth confirmed that Raila agreed to rally his senators to support the formula and that Siaya Senator James Orengo was charged with the role of bringing the leaders together. Kenneth further noted that top on the agenda of the meeting was finding ways of using the handshake to ensure the third basis formula is passed.

In the meeting, the former presidential candidate said, each side of the handshake agreed to rally its people to support it. Out of the 25 senators who opposed the formula on Tuesday, 18 were allied to the National Super Alliance (Nasa) led by Raila while the rest were members of the jubilee party.

Last week, Senate Majority Whip Irungu Kang’ata vowed to ensure that the formula makes it on Tuesday. Kang’ata however noted that he had been able to heal the divisions in the Jubilee Party by bringing on board both Kieleweke and Tanga Tanga senators to support it.

Governors will now be legally compelled to appoint their deputies should a vacancy arise in county governments.This follows the signing into law by President Uhuru Kenyatta of the County Government (Amendment) Bill 2017 on Thursday.

The inking of the bill now puts Nairobi Governor Mike Sonko, who has not had a deputy since January 2018 when Polycarp Igathe resigned in a huff, on the spot.

The bill was sponsored by Elgeyo Marakwet Senator Kipchumba Murkomen, who has since been kicked out of the lofty perch of Senate majority leader.

The law now provides that a county boss nominate another deputy within 14 days of the occurrence of a vacancy and forward the name to the county assembly for either approval or rejection within 60 days.

In coming up with the bill, Senator Murkomen sought to cure the lacuna in the Constitution as well as in the County Government Act of 2012.

The drafters of the Constitution did not envisage a vacancy upon the death, impeachment or resignation of deputy governors.

At the time Mr Murkomen was coming up with the bill, Nairobi and Nyeri counties were facing constitutional and legal moments.

At the time, the senators were scratching their heads on how best to deal with the situation until the Supreme Court, in its advisory opinion of 2018, ruled that a governor can nominate another deputy within 14 days and forward the name to the county assembly for vetting.

Although Mr Mutahi and Mr Barchok went on to nominate their deputies in accordance with the Supreme Court ruling, Mr Sonko did not.

But whether the Nairobi governor, who was charged in court last year over corruption related scandals and consequently barred from accessing his official county office, will nominate his deputy is a matter for the courts to decide.