The Council of Governors has openly opposed the move by Members of Parliament to entrench the National Government Constituencies Development Fund (NGCDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund in the Constitution.
Led by their vice chairperson and Nyeri Governor Mutahi Kahiga, the Council of Governors appeared before the National Assembly on Thursday, January 23, to present its position on the proposal to anchor the three key funds.
According to Kahiga, governors are strongly opposed to the proposal on several grounds including concerns that anchoring the funds would give Members of Parliament functions that are outside their constitutional mandate.
The governors are also concerned that the entrenchment of the three funds would transform constituencies into service delivery units – which would be contrary to Article 89 of the Constitution, which breaks down the delimitations of electoral units.
From left: Nyeri County Governor Mutahi Kahiga, Mandera County Deputy Governor Ali Maalim, and Nyandarua County Deputy Governor John Mathara Mwangi at the IBEC meeting at the deputy president’s Karen residence on June 5, 2023.
“The proposal will also create a duplication of allocations to Senators, and claw back on devolution by undermining the functions of County Governments,” the CoG claimed on Thursday.
In what is becoming a messy power struggle over the management and oversight of county funds, Members of Parliament have been intent on reinforcing CDF in the constitution, with the latest proposals marking lawmakers’ third attempt in attempting to fast-track the legislative process.
In December 2024, Ainabkoi MP Samuel Chepkonga and Rarieda MP Otiende Amollo spearheaded the latest proposals and included two new funds that would effectively give Senators their own kitty.
The MPs’ proposal entails renaming the NGCDF from the National Government Constituency Development Fund to the National Government Constituency Decentralised Fund, substituting ‘development’ for ‘decentralised.’
Lawmakers also included the controversial Senate Oversight Fund, which had initially been suspended by the High Court.
Despite the fund being packaged to suggest that it would support Senators in their constitutional oversight roles, critics, including the Council of Governors, argue that the fund may duplicate existing mechanisms, such as county assemblies, and could potentially foster misuse.
Meanwhile, the Council of Governors is also threatening legal action over the Controller of Budget, Dr. Margaret Nyakang’o’s decision to suspend county governments from providing financial assistance to needy students.
In their argument, the governors say such a responsibility lies with the national government.
An image of the Council of Governors at a past presser