A proposal before the Senate could block county governments from accessing money from their County Revenue Funds if governors fail to appear before Senate committees to explain how public resources have been used.
The draft motion, prepared by Senator Moses Kajwang’, who chairs the Senate County Public Accounts Committee, seeks to introduce strict measures to enforce accountability at the county level. The proposal recommends that the Controller of Budget should not approve any withdrawals from county funds where governors ignore or fail to respond to summons issued by the Senate to answer questions on financial management.
According to the draft, the Senate’s authority to oversee county governments is clearly provided for in the Constitution and has also been affirmed through court rulings that recognize the chamber’s power to summon governors to answer questions on how county resources are used.
The document refers to a decision by the Supreme Court of Kenya which confirmed the Senate’s role in ensuring counties remain accountable in their handling of public funds.
The ruling states that Article 96 of the Constitution “as read together with articles 110 to 112, leave no doubt that the Senate is established to perform fundamental roles of governance concerning Counties. These are legislative, budgetary, and oversight. It has been granted considerable latitude in ensuring that County Governments operate at optimal and within accountability standards, if the objectives of devolution are to be realized. There is no way by which the Senate can perform such an important role without having the powers to summon a Governor and to require him/her to provide answers and offer explanations regarding the management of the County finances and related affairs.’’
It further adds, ‘’Without such power, the Senate would not be able to ‘protect the interests of the Counties’, nor would it be able to exercise effective oversight over national revenue allocated to Counties.”
The draft motion also cites another part of the ruling where the court stated, “the office that is ultimately answerable to the Senate, is that of the Governor. In view of the foregoing, we have little difficulty in agreeing with the Court of Appeal, in its conclusion that the Senate is constitutionally empowered, to summon Governors to appear before it or any of its committees for purposes of answering questions and providing requisite information.’’
Senators supporting the proposal say some county leaders have repeatedly ignored invitations and summons issued by the County Public Accounts Committee, especially when required to respond to audit queries and other issues related to financial accountability.
According to the draft, such conduct weakens the Senate’s oversight role and reduces transparency in the way public funds are managed at the county level.
If the motion is adopted, the Controller of Budget would be required to stop approving withdrawals from a county’s revenue fund where a governor has failed to appear before a Senate committee to explain how funds allocated to the county in the previous financial year were used.
The proposal also states that the Controller of Budget will act based on communication from the Senate. This would involve a letter from the Clerk of the Senate confirming that a governor or an accounting officer failed to honour a summons or invitation issued by the committee.
The motion is expected to spark debate on the relationship between county governments and the Senate, particularly on the measures that can be used to ensure governors cooperate with parliamentary oversight when questions arise about the management of public resources.