Senators now welcome Sh1b shot in the arm for county oversight

Senators have welcomed MPs’ decision to allocate them Sh1 billion in the Budget Policy Statement (BPS) to facilitate their oversight role.

In the past two years, the Senate’s efforts to be allocated money for this role has faced stiff opposition from the National Assembly, whose members control more than Sh30 billion allocated to the Constituency Development Fund (CDF), but whose allocation was recently declared unconstitutional.

The 47 members of the Senate had complained that the lack of funds hampered their constitutional oversight mandate in their counties. They will receive approximately Sh21 million each per year if the funds are shared equitably.

However, the senators argue that different counties have different needs and sizes, so they will be required to come up with an equitable formula of sharing the money to ensure effective discharge of duties in every county.

Counties with comparatively better infrastructure, such as Nairobi, Mombasa and Kisumu, and small ones such as Lamu, are likely to be allocated low amounts.

The kitty, termed Monitoring and Evaluation for Senators, will enable the legislators to set up their offices and recruit personnel as they had earlier petitioned the Parliamentary Service Commission (PSC).

Senators also say the money will be used to inspect county projects and minimise situations where mismanagement of public resources is captured in the Auditor General’s reports, prompting governors to move to court to obtain orders blocking the Senate from summoning them.

“We do not want postmortem oversight. We want pre-mortem oversight so that we can identify things like ghost projects, blow the whistle and prevent plundering of resources,” said Senate Majority Leader Kithure Kindiki.

Prof Kindiki expressed concern that some county governments exaggerate cost of projects. For a single classroom costs Sh1.3 million to construct under some county budgets yet under the CDF the same classroom would cost between Sh300,000 and Sh400,000.

“Our role is not implementation, but oversight. We will be careful not to encroach on the role of the county executives and assemblies,” said the Tharaka Nithi senator.

National Assembly Deputy Minority Leader Jakoyo Midiwo also welcomed the allocation, saying due to lack of financial muscle, some senators were ‘in bed’ with the governors.

“Senators will now discharge their duties appropriately without compromising on oversight,” the Gem MP said, while admitting that the lawmakers need each other and they will need the input of the Senate in addressing the CDF issue.

“The facilitation of Senators is not a matter that has started today; it has been in the pipeline and discussions have been going on. They had been lobbying for this allocation even before the court ruled on CDF.”

The ruling on the unconstitutionality of the CDF has put MPs in a tight corner, leaving them with little option but to warm up to their colleagues in the Senate to align the fund to the Constitution.

Identify issues

MPs have been allocated Sh35 billion for the 290 constituencies this financial year, the 47 county women representatives will get Sh2.1 billion (referred to as the Social Affirmative Action fund), and the Auditor General will get Sh750 million.

As soon as they assumed office, Senators formed a taskforce, chaired by Deputy Speaker Kembi Gitura (Murang’a), to look into their welfare and push for significant facilitation through the Parliamentary Service Commission.

The initiative flopped, prompting the Senators to hold a kamukunji (informal sitting) to formulate a strong case and table it before the PSC chairman, Speaker Justin Muturi. Five senators were selected to spearhead the process.

Kindiki admits that in the last two years, it has been difficult to check the excesses of county governments.

“We need to identify the issues that affect people in the counties and how the Senate can defend them. This allocation will facilitate the realisation of Article 96 of the Constitution, which spells out the functions of the Senate. IT is not for carrying out projects; it is just to enable senators play their role well. “

The Senator argued that to discharge their constitutional mandate effectively, a senator requires at least an office, a vehicle and some staff in the county.

“To represent the interests of their counties as per Article 96, they have to travel extensively across their counties to know those interests. We have not been doing that because of inadequate funds,” he said.

Senator Kindiki emphasised that the future of devolution lies in the strengthening of the six oversight institutions – the Senate, Auditor-General, Controller of Budget, Ethics and Anti-Corruption Commission, Director of Public Prosecution and Judiciary.

“We are using constituency offices yet there are counties with up to 12 constituencies. We have poorly staffed offices. For example, in the agriculture sector you need a forum where you can bring together all stakeholders and interest groups to discuss issues,” explained the Tharaka Nithi senator.

But senators Billow Kerrow (Mandera) and Mutula Kilonzo Junior (Makueni) believe the National Assembly could have done better by granting their request of Sh2.5 billion.

“This money is necessary to enhance our capacity in the counties. It will assist us to equip our offices to undertake a forensic audit of county finances and projects, and recruit staff to assist in getting first-hand information,” said Kerrow.

“We requested more than twice what we have been allocated. Unfortunately, our colleagues deemed it fit to allocate Sh1billion.”

And Kilonzo Junior said being allocated the same resources and staff as a single constituency would impede the Senate. However, he welcomed the allocation of funds.

“Senators can no longer say they were not consulted on budgets and other development issues in the counties. The senators will have funds to follow up and evaluate public expenditures,” said Kilonzo Junior.

“I would propose that senators table reports on the monitoring periodically. We will use the funds for public participation in the evaluation. Prudence and transparency should be the driving mantra, and this should not be used as an avenue to throw spanners in the works.”

Senators Bonni Khalwale (Kakamega) and Daniel Karaba (Kirinyaga) also added their voices on the matter, saying the allocation of funds was in the interest of devolution.

They said that though Sh3 billion had been set aside for public participation, it would be even better if meetings were held to empower locals on how to scrutinise budgets and implementation of projects.

“This fund will enable the senators to actively engage their constituents and enhance movement within the county for oversight of projects,” said Karaba.

Dr Khalwale added: “This will separate the work of the Legislature and Executive. Senators will be able to check and ascertain the progress of budgeted projects and if costs are reasonable through their research officers.”

Christine Ombaka (County MP, Siaya) also welcomed the move, saying it gave senators the financial muscle to do their work properly.

“Senators will discharge their oversight and representation role without interference, especially now that corruption is rampart in counties. Senators will be able to unearth the dirty work some of the counties engage in,” she said.