Senate upholds separation of powers, encourages stronger county oversight
The Senate has reaffirmed its commitment to follow court decisions on the separation of powers, particularly regarding the management of development funds, such as the Constituency Development Fund (CDF) and the proposed Senate Oversight Fund, as outlined in the Constitutional Amendment Bill presented by the National Assembly.
Speaking during a meeting with the leadership of the Busia County Assembly on Monday, Senate Speaker Amason Kingi emphasised that the Senate respects the courts’ interpretation, which placed the management of such funds under the national executive.
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“The Senate is not overly preoccupied with having the Senate Oversight Fund. In fact, the proposed Constitutional Amendment Bill, which is the Senate Bill, does not feature that Fund. What we are focusing on is giving the Senate and the county assemblies more legislative space to ensure devolution is effectively implemented,” Kingi said.
Kingi was responding to an appeal from Members of the County Assembly (MCAs) who had requested the Senate’s support in setting up a Ward Development Fund to help address community projects at the grassroots level.
Backing Kingi’s position, Edwin Sifuna (Nairobi) clarified that the Senate had no hand in drafting the amendment proposing the Senate Oversight Fund, explaining that it was introduced by the National Assembly.
“The Bill that proposes the Senate Oversight Fund was generated by the National Assembly without our knowledge. The National Assembly does not know what the Senate wants,” said Sifuna.
He added that Senators fully accept the court’s decision and will continue to respect the roles assigned to each arm of government.
During the meeting, the Busia County Assembly leadership raised concerns over their continued financial dependence on county executives, despite existing legislation granting them financial autonomy. They urged the Senate to ensure the law is enforced so that funds are released directly to county assembly accounts without delays.
MCAs also asked the Senate to support the introduction of a pension scheme for members who have served two or more terms, saying their role in county legislation and governance should be recognised through proper benefits.
In response, Kingi assured them that the Senate would examine the implementation of financial autonomy laws to address any delays in releasing funds.
“If there are still challenges in accessing funds despite the new law, we shall revisit the Act to ensure county assemblies operate independently and effectively,” he said.
On pensions, the MPs informed the assembly that the Senate had already passed the necessary Bill, which is currently awaiting consideration in the National Assembly.
The Senators also addressed questions about possible duplication of oversight functions, clarifying that county assemblies are the primary oversight bodies for county governments as provided in law. They urged MCAs to strengthen their oversight capacity to ensure public resources are managed transparently and deliver tangible benefits to citizens.
The meeting highlighted the need for continued cooperation and respect between the Senate and county assemblies in implementing devolution. It was attended by several Senators, including Deputy Speaker Kathuri Murungi (Meru), Boni Khalwale (Kakamega), Sifuna (Nairobi) and Seki Lenku (Kajiado).
The Busia County Assembly team was led by Speaker Fredrick Odilo, accompanied by the Deputy Speaker and the Majority and Minority Leaders of the Assembly.
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