Governors take on MPs over fund, land Bills

Chairman of Council of Governors Peter Munya (left) and Kakamega Governor Wycliffe Oparanya addressing Journalists at Delta House in Nairobi on October 5, 2015. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • The fund, which MPs controlled was declared illegal due to its mode of funds transfer and implementation.
  • The Bills are currently before the National Assembly after being studied and analysed by experts.

Governors have taken issue with MPs for seeking to control the Equalisation Fund meant for marginalised counties and failing to withdraw proposed controversial land bills, they described as unconstitutional.

The governors maintained that the fund, which is meant to assist marginalised areas should go directly to the counties.

The Council of Governors recalled that MPs had passed a Bill to give themselves a direct role in the implementation of the fund.

“This offends the principles of separation of powers and good governance,” CoG chairman Peter Munya said at a press conference at the council headquarters in Nairobi.

He further recalled the High Court declaring Constituency Development Fund (CDF) unconstitutional.

The fund, which MPs controlled was declared illegal due to its mode of funds transfer and implementation.

Mr Munya said the court action clearly shows that the role of MPs in the implementation of the Equalization Fund was not legally acceptable.

The governors however maintained that money from the fund should go directly to counties as it is meant to benefit marginalised areas in the regions.
Analysed by experts

“This is because the functions to be implemented by the fund have all been devolved to the county governments,” Mr Munya said.

The governors also asked the MPs to withdraw the proposed Land Bills the Government published in August.

The controversial proposed laws are: The Land Laws (Amendments) Bill 2015, Community Land Bill 2015 and Physical Planning Bill, 2015.

They are currently before the National Assembly after being studied and analysed by experts.

“We had asked the MPs during a meeting, which they held in Mombasa to discuss the Bills, to withdraw them since they are unconstitutional,” said the Meru Governor who was flanked by his two colleague Wycliffe Oparanya (Kakamega) and Dr Julius Makau Malombe (Kitui).