The Senate Will Adhere To Court Ruling Regarding Separation of Power

BY ERIC ABUGA

The Senate will continue to be guided by the courts on matters concerning the separation of powers, particularly with regard to the Constituency Development Fund (CDF) and the proposed Senate Oversight Fund contained in the Constitutional Amendment Bill, National Assembly Bill.

Speaking during a meeting with the leadership of the Busia County Assembly, Senate Speaker Amason Jeffah Kingi reiterated that the Senate fully respects the court’s ruling, which clarified that the management of such funds falls under the purview of the national executive.

“Senate is not overly preoccupied to have the Senate Oversight Fund. In fact, in the proposed Constitutional Amendment Bill, Senate Bill, that Fund does not feature. What we are focusing on is giving the Senate and the county assemblies more legislative space to ensure devolution is effectively implemented,” stated Speaker Kingi.

The Speaker was responding to a request from Members of the County Assembly (MCAs), who had appealed to the Senate to assist in establishing a Ward Development Fund to support local projects.

Backing Speaker Kingi’s remarks, Sen. Edwin Sifuna (Nairobi) distanced the Senate from the controversial Constitutional Amendment Bill that seeks to introduce the Senate Oversight Fund, clarifying that it was a creation of 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 Sen. Sifuna.

He further affirmed that Senators fully accept and will continue to abide by the court’s guidance on the matter, stressing that the Senate will not seek to usurp functions reserved for other arms of government.

During the session, the Busia County Assembly leadership also raised concerns over the persistent financial dependence of county assemblies on the county executives, despite the enactment of legislation granting them financial autonomy. They urged the Senate to intervene to ensure the law is implemented effectively and that funds are disbursed directly to county assembly accounts without delays.

The MCAs also appealed to the Senate to help entrench a pension scheme for members who have served two or more terms, arguing that their contributions to governance and legislation at the county level deserve recognition and continuity benefits.

Responding to these concerns, Speaker Kingi and the accompanying Senators assured the MCAs that the Senate would review the legislation on county assembly financial autonomy should it confirm ongoing delays in the release of funds to assembly accounts.

“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,” Speaker Kingi assured.

On the issue of pensions, the lawmakers informed the assembly that the Senate had already passed the relevant Bill, which is now before the National Assembly for consideration.

Addressing questions about possible duplication of oversight roles between county assemblies and the Senate, the Senators clarified that county assemblies hold the primary oversight role over county governments as stipulated in law. They encouraged MCAs to enhance their oversight capacity to ensure that county resources are used transparently and for the direct benefit of citizens.

The meeting, which emphasised the importance of mutual respect and collaboration between the Senate and county assemblies was also attended by several Senators including Deputy Speaker Kathuri Murungi (Meru), Dr. Boni Khalwale (Kakamega), Edwin Sifuna (Nairobi) and Seki Lenku (Kajiado).

The Busia County Assembly leadership team was led by Speaker Fredrick Odilo, accompanied by the Deputy Speaker as well as the Majority and Minority Leaders of the Assembly.