Governors to sue State over transfer of functions

Council of Governors Chairman Peter Munya. (Photo: Boniface Okendo/Standard)

Governors will move to court to demand transfer of disputed functions and their budgets totalling to over Sh168 billion.

The contested functions, part of the 14 assigned tasks include roads, water, health, irrigation, fuel levy funds and parastatals.

Counties have vowed to resort to the courts after the lapse of the three-year transition period, arguing that the Government was unconstitutionally holding onto the roles.

"We have six petitions that we plan to file in court. We were waiting for the final gazette notice after we filed one on the Agriculture function. Initially, the figure was Sh180 billion but the national government has decided to hold onto more county functions," said Peter Wanyama, lawyer to the Council of Governors (CoG).

The defunct Transition Authority published the gazette notice three weeks ago, signalling the  end of the transitional phase.

CoG Chairman Peter Munya has vowed to ensure all functions assigned to counties are now devolved.

"Resources follow functions. In this case, functions like health, which is 98 per cent devolved, the largest allocation still goes to the Ministry of Health. This is a way to portray counties as unable to perform assigned functions," said the Meru governor.

He added: "The devolution period is over. We want a clear road map to ensure the transfer is implemented as provided for in law. We are strengthening the devolved structures and assigning them functions is vital."

Governors have insisted that the budget for the functions still being held by national government could be to the tune of Sh240 billion.

This dispute is among the issues that will feature in this year's annual devolution conference that started yesterday in Meru County.

President Uhuru Kenyatta has, however, accused the governors of only clamouring for more funds without explaining how the funds disbursed so far have been spent.

Uhuru said Sh1 trillion had so far been disbursed to counties since 2013.

Of the amount, Sh168 billion went directly to arid and semi-arid counties.

He pointed out that a further Sh6 billion was used as the Equalisation Fund to uplift marginalised areas.