Governors and MPs at Odds Over Proposal to Amend Constitution
The Council of Governors (CoG) has strongly opposed a proposal by Members of Parliament (MPs) to embed the National Government Constituencies Development Fund (NGCDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund into the Constitution.
On Thursday, January 23, the Council of Governors, led by its vice chairperson and Nyeri Governor Mutahi Kahiga, presented their stance before the National Assembly.
They expressed firm resistance to the MPs’ proposal, citing several constitutional concerns and its potential impact on the functions of county governments.
Governor Kahiga argued that anchoring these funds in the Constitution would assign MPs duties that fall outside their constitutional role, thereby disrupting the separation of powers.
Furthermore, the governors fear that institutionalizing these funds would transform constituencies into service delivery units.
They explained that this change would violate Article 89 of the Constitution, which explicitly defines electoral boundaries and the role of constituencies.
Additionally, the Council of Governors emphasized that the move would duplicate funding for Senators and undermine devolution by encroaching on the functions and resources of county governments.
“This proposal will result in overlapping roles, clawing back on the gains made by devolution and weakening the autonomy of county governments,” the CoG asserted during their presentation.
The conflict between the two sides represents an escalating power struggle over the management and allocation of public funds at the county level. Members of Parliament, however, appear determined to cement the funds into the Constitution, marking this as their third attempt to fast-track the legislative process to strengthen the NGCDF.
In December 2024, MPs Samuel Chepkonga of Ainabkoi and Otiende Amollo of Rarieda spearheaded the new proposals. Their plan includes renaming the NGCDF to the National Government Constituency Decentralized Fund, replacing the term “development” with “decentralized.”
Another controversial aspect of the proposal is the inclusion of the Senate Oversight Fund, which had previously been suspended by the High Court.
Although the fund is being positioned as a mechanism to assist Senators in performing their constitutional oversight responsibilities, critics argue that it duplicates the existing roles of county assemblies. This duplication, they contend, could lead to inefficiencies and increase the risk of misuse of public funds.
The Council of Governors is among those criticizing the move, stating that such initiatives are unnecessary and could undermine the governance structures that are already in place.
Separately, the CoG has also threatened legal action against the Controller of Budget, Dr. Margaret Nyakang’o, following her decision to halt county governments from providing financial aid to needy students.
The governors argue that this mandate falls under the national government’s jurisdiction and claim that the directive interferes with their ability to serve their communities effectively.
As the debate intensifies, the standoff between governors and MPs over the constitutional amendment reflects deeper issues regarding the balance of power and resource allocation in Kenya’s governance framework.
Join Kenyan Gen z and millennials official WhatsApp Channel To Stay Updated On time the ongoing situation https://whatsapp.com/channel/0029VaWT5gSGufImU8R0DO30
Tiktok – https://www.tiktok.com/@news.hub88?_t=ZM-8sz45qJid3V&_r=1
