Senators warn Kwale County over missing legal frameworks

During their visit to the county, Committee Chairperson Senator Mwenda Gataya from Tharaka Nithi led his team in expressing their concerns over what they described as glaring gaps in the regulatory framework.
The Senate Committee on Delegated Legislation has raised a red flag over the absence of important regulations guiding operations in Kwale County, warning that the situation risks undermining governance.
During their visit to the county, Committee Chairperson Senator Mwenda Gataya from Tharaka Nithi led his team in expressing their concerns over what they described as glaring gaps in the regulatory framework.
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The Senators called on Governor Fatuma Achani to urgently streamline operations to comply with the law.
"We urge Governor Fatuma to put your house in order and ensure that all activities within the County are guided by the appropriate legal frameworks," Senator Mwenda said.
Governor Achani, joined by several Members of the Executive Committee during the meeting, acknowledged the issues raised by the Senate.
She pledged that her administration was committed to addressing the shortcomings.
"I acknowledge the challenges that have been highlighted and I assure you that my administration will work tirelessly to ensure all operations are regularised," she said.
Among those present during the engagements were Vice Chairperson Senator Danson Mungatana (Tana River), Senator Julius Murgor (West Pokot), Senator Betty Montet, Senator Joyce Korir, and Senator Daniel Maanzo (Makueni).
The Senate Committee's concerns were echoed by Members of the Kwale County Assembly, led by the Chairperson of the Assembly’s Delegated Legislation Committee, MCA Josephine Kinyanjui.
The MCAs accused the County Executive of consistently avoiding efforts to develop key regulations required for lawful operations.
According to MCA Kinyanjui, Members of the County Executive Committee often offer flimsy excuses when questioned about the delays. She said this behaviour had weakened the Assembly’s ability to perform its oversight responsibilities.
"The County Executive has consistently found excuses to dodge important questions regarding the formulation of regulations. This has hindered our capacity to ensure that operations are run legally and transparently,” she said.
MCAs further alleged that the Executive was manipulating public participation forums.
They claimed that selected residents were being given small cash tokens to support the executive's agenda during the forums, undermining the purpose of public engagement.
In light of the issues raised, the Senate Committee encouraged Kwale MCAs to step up their oversight efforts to hold the Executive accountable and to ensure that county activities are properly guided by the law.
"As the Senate Committee on Delegated Legislation, we are ready to assist County Assemblies across the country, including Kwale, to align their operations with the mandates of the law," Senator Mwenda said.
Other members of the Senate Committee also urged County Assemblies to strengthen their collaboration with the Senate and to use benchmarking as a tool to enhance their legislative and oversight roles.
Earlier, during a separate meeting with the Kwale County Assembly leadership, Speaker Seth Mwatela praised the Senate's commitment to Devolution.
He said the Senate’s efforts to promote the independence of County Assemblies were a major boost to grassroots governance.
"The journey toward County Assembly autonomy, which the Senate has steered, will enable Assemblies to discharge their mandates more effectively," said Speaker Mwatela.
He also appealed for increased funding to support the full running of County Assemblies.
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