Senate reaffirms separation of powers, backs County Assemblies’ oversight role in strengthening devolution across Kenya

The Senate has reaffirmed its commitment to upholding the principle of separation of powers and respecting court rulings on the management of development funds, including the Constituency Development Fund (CDF) and the proposed Senate Oversight Fund.

Speaking during a meeting with Busia County Assembly leaders on Monday, Senate Speaker Amason Kingi emphasized that the Senate respects the judiciary’s position placing the management of such funds under the national executive.

“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.

His remarks followed appeals by Members of County Assemblies (MCAs) seeking Senate support for a Ward Development Fund to finance grassroots projects.

Backing Kingi, Nairobi Senator Edwin Sifuna clarified that the Senate had no role in drafting the amendment proposing the Senate Oversight Fund, noting that it originated from 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, adding that Senators fully accept and will uphold the court’s decision.

Busia MCAs expressed concern over their continued financial dependence on county executives despite legislation granting assemblies financial autonomy. They urged the Senate to push for the direct release of funds to county assembly accounts.

Kingi assured them that the Senate will revisit the relevant Act to ensure timely disbursement of funds and strengthen the independence of county assemblies. “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.

MCAs also sought Senate support for a pension scheme for members who have served two or more terms, arguing that their contribution to county legislation should be recognized. Kingi responded that the Senate had already passed the necessary Bill, which is now awaiting action in the National Assembly.

Senators at the meeting further clarified that county assemblies remain the primary oversight bodies at the county level and urged them to enhance their oversight capacity to ensure transparent use of public funds.

The meeting, attended by Deputy Speaker Kathuri Murungi (Meru), Boni Khalwale (Kakamega), Edwin Sifuna (Nairobi), and Seki Lenku (Kajiado), underscored the importance of cooperation between the Senate and county assemblies in strengthening devolution. The Busia County Assembly team was led by Speaker Fredrick Odilo, accompanied by his deputy and the Majority and Minority Leaders.