Governors seek change in law on roles of Senate and MCAs

Makueni Governor Kivutha Kibwana (left) and his Meru counterpart Peter Munya arrive for the hand over ceremony of the devolution torch at Maili Tatu grounds in Igembe Central on October 22 2016. Mr Munya recently said there has been misunderstanding over whether governors should appear before the Senate to respond to audit queries. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

What you need to know:

  • He said the governors’ interpretation of the law is that the Senate should have oversight over allocation of resources while MCAs should monitor expenditure.
  • The senators said they were waiting for a government report on how the roles could be streamlined for them to deal solely with serious cases of misappropriation of funds.

Governors have said they want the law changed to make it clear whether they are answerable to the Senate or the county assemblies.

Bomet Governor Isaac Ruto, who raised the matter when he appeared before the Senate Public Accounts Committee last week, said it was unfair to require them to answer the same questions before the two Houses.

“I have no problem coming here to explain how I spent funds allocated to my county because these are matters of national interest. But the gaps in the Constitution should be addressed to end this duplication of roles,” Mr Ruto told the committee.

He said the governors’ interpretation of the law is that the Senate should have oversight over allocation of resources while MCAs should monitor expenditure.

“Governors should come to the Senate as a last resort like in national government structures,” Mr Ruto said, adding that county executive committee members should be the ones responding to audit queries.

He said asking a county boss to account for public funds through Parliamentary committees is like demanding that the President appears before legislators to account for national funds when he has Cabinet secretaries to do this.

But, Senators Anyang’ Nyong’o (Kisumu), Amos Wako (Busia), Mong’are Bw’okong’o (Nyamira) and Martha Wangari (Nominated) said the law gives the Senate the right to oversee counties and told governors to stop assuming they are “presidents” in the counties.

They accused governors of reading the Constitution selectively to suit their preferences.

“The Senate has oversight powers over all national resources allocated to counties. It is not a question of only what is allocated,” Mr Wako said.

ANSWERED QUESTIONS
He, however, admitted that the Senate and county assemblies have parallel roles on public funds that should be addressed.

The senators said they were waiting for a government report on how the roles could be streamlined for them to deal solely with serious cases of misappropriation of funds.

“In some counties, governors have gone to bed with county assemblies to defeat the purpose of oversight. This is why the Senate has a role to play,” Mr Wako added.

The lawmakers also reminded governors that the Public Audit Act was amended to include punishment for those who fail to provide documents at the time of audit.

“They risk going to jail for three years in default of a Sh10 million fine or both,” Dr Bony Khalwale (Kakamega Senator) said.

The senators complained that many audit queries ended up wasting the Senate’s time because uncooperative county officials denied auditors documents.

Council of Governors Chairman Peter Munya recently said there has been “a lot of misunderstanding” over whether governors should appear before the Senate to account for how they utilised public funds.

This has created an impression that the governors were not willing to be held liable for funds released for devolved functions.