Governors have defended using county funds to finance their council's operations.
Council of Governors Chairman Josphat Nanok said funding from Treasury is insufficient and has prompted the council, which is a statutory body recognised by the Constitution, to seek donations to run its operations.
“In other jurisdictions with similar practices like the US, the National Governors’ Association Center for Best Practices is funded by dues from individual states, federal grants and contracts, private foundation grants and dues from corporate fellows,” Mr Nanok said.
The Senate County Assembly and Investments Committee this week directed the council to refund counties all the funds they have been contributing as annual subscription fees.
The committee chaired by Homa Bay Senator Moses Kajwang’ ruled that the disbursement is unconstitutional as the Intergovernmental Relations Act mandates the Treasury to fund the council.
But Mr Nanok wants the Senate to let the Supreme Court make its judgment on a case the council filed.
“We eagerly await the Supreme Court's determination on the matter to enable us get clarity on the issue. CoG appreciates the oversight role of the Senate, however, in the spirit and letter of the Constitution, we appeal to the Senate to allow the Supreme Court to pass its judgment on the same,” Mr Nanok , who is the Turkana governor, said.
This is not the first time governors are on the spot for funding the council.
Documents submitted by the Devolution ministry that were tabled in the Senate in 2016 in response to an inquiry showed the council had spent close to Sh1 billion in three years.