Senators petitioned to amend law curbing governors’ powers
The petitioner, Ol’lessos Ward Member of County Assembly (MCA) Isaian Maina of Nandi County, argues that the section allows county chiefs to arbitrarily dismiss executive committee members without the input of the county assembly, weakening accountability.
Senators have been petitioned to amend a key section of the County Governments Act to seal governance loopholes that allow governors unchecked powers over appointments and dismissals.
The petitioner, Ol’lessos Ward Member of County Assembly (MCA) Isaian Maina of Nandi County, argues that the section allows county chiefs to arbitrarily dismiss executive committee members without the input of the county assembly, weakening accountability.
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The petition, submitted to the Senate’s Justice, Legal Affairs, and Human Rights Committee, seeks comprehensive amendments to the County Governments Act (No. 17 of 2012) to strengthen county governance by aligning existing practices with the objects and principles of devolution.
Maina highlighted several governance gaps, particularly in executive oversight and accountability, arguing that the current law permits opaque appointments and arbitrary executive actions that undermine effective governance.
“The current Act allows the Governor to dismiss County Executive Committee (CEC) members without checks, dangerously undermining collective executive responsibility. We must introduce a consultative process that requires concurrence from at least 50 per cent of the Members of the County Assembly before any dismissal,” he said.
He also emphasised the need to establish explicit accountability mechanisms, requiring governors to be answerable to the County Assembly for the management of county resources.
The committee, chaired by Sessional Chair Senator Tom Ojienda, acknowledged the petition’s importance, saying it raises important issues in county governance that require careful examination.
“The submission seeks to restore sanity in county governance and raises substantive issues that must be deeply examined for their constitutional implications and impact,” he said.
Nominated Senator Karen Nyamu supported the petition, describing it as a well-informed proposal.
“A well-informed proposal from a County Assembly member who has directly experienced the challenges he highlights. It deserves thorough consideration,” she said.
Following the petition, the committee has resolved to hold a retreat to scrutinise the proposals before tabling its report in the Senate within 60 days.
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