Advocate of the High Court Noordean Khagai has criticised weak oversight of Kenya’s county governments, warning that poor accountability allows unconstitutional laws and misuse of public funds.
He cited failures in waste management and public participation, arguing that citizens and elected leaders must prioritise service delivery and scrutiny to address governance gaps and improve living conditions.
Speaking on Friday during a Radio Generation discussion, Khagai said public attention has largely focused on national institutions, leaving devolved units insufficiently examined.
“We do a lot of public litigation, but people tend to forget that county governments also have issues,” he said, adding that “some laws they pass are unconstitutional, but nobody checks that.”
Khagai argued that Members of County Assemblies (MCAs) should be held to the same level of accountability as Members of Parliament. “MCAs also need to be scrutinized because most of them don’t even attend assembly sessions,” he said.
His remarks come amid growing debate over governance standards at the county level, particularly in Nairobi County.
Referring to issues in the capital, Khagai said he was not surprised by recent findings in the Auditor General's reports. “When I read that, I wasn’t too surprised,” he noted, pointing to longstanding challenges in service delivery.
He cited an example involving waste management, describing a dump site serving parts of the city where authorities had failed to act. According to Khagai, Nairobi County Governor, Johnson Sakaja had suggested that clearing the garbage could trigger violence. “I can’t pick that garbage, because if I do it will bring about gun fights,” he quoted.
Khagai questioned the implications of such reasoning, asking whether residents had effectively been left to fend for themselves. He noted that waste accumulation is not sudden but the result of systemic neglect.
Beyond service delivery, the advocate emphasised the need for citizens to prioritise accountability when electing leaders. “Accountability must be a point that anybody who wants to pursue an elected position must make it the focal point of their campaigning,” he said.
He argued that leadership at the county level often mirrors broader political culture, where officials focus on personal benefits rather than public service. “MCAs want to do what the governor is doing,” he said, suggesting that spending habits and priorities trickle down.
“The focus is not on delivering service,” Khagai added, noting that many elected representatives rarely raise issues affecting their constituencies.
Instead, he said, civil society organisations frequently take the lead in highlighting governance concerns.
He also criticised what he described as widespread abuse of public resources, linking it to findings by oversight bodies such as the Auditor General.
“We are caught up in these discussions about how individuals flagrantly abuse the rule of law,” he said, adding that many appear to be pursuing personal gain, affirming how political leaders steal public funds instead of working for their electorates
He referenced an alleged overpayment of 75 million shillings linked to waste management, questioning why persistent problems such as dump sites remain unresolved.
“Nobody really wants to solve that problem,” he said.
Khagai further criticised governance in Nairobi, arguing that leadership failures have had tangible consequences for residents. “Do all the streets in this county have street lights?, the entire county is dark,” he said, adding that even basic infrastructure remains inadequate.
He stressed that public participation is a constitutional requirement in county decision-making, particularly in lawmaking and budgeting.
This should make political leaders seek the opinions of their constituents before making a critical and important decision.
However, the advocate expressed concern about attempts to reinterpret the concept of public participation. He claimed some government actors argue that participation begins and ends with elections.
“Public participation starts and ends with people voting,” he said, attributing the view to elements within the executive.
He warned that such interpretations could undermine democratic processes, especially if citizens are excluded from ongoing decision-making.
The lawyer also highlighted challenges in voter registration, particularly among young people. He pointed to a lack of clear responsibility for civic education, involving institutions such as the Independent Electoral and Boundaries Commission.
“If you ask them, (IEBC), they’ll tell you, it’s not our mandate,” he said, suggesting this creates confusion and disengagement between IEBC and the citizens.
Khagai suggested the trend may be deliberate rather than coincidental, arguing that limiting voter participation can serve political interests.
His remarks highlight deepening concerns over governance, accountability and citizen engagement at the county level, reinforcing calls for stronger oversight, active public participation and reforms to ensure more transparent, responsive service delivery across Kenya.
