MP terms County Development Board Bill unconstitutional

By Geofrey Mosoku

Nairobi, Kenya: An opposition coalition MP has told of the senate over its proposed bill that seeks to make senators chair of the County Development Board.

Suna East MP Junet Mohamed said the senate is trying to usurp the powers of the governors as per the constitution, terming the move as part of a wider scheme to undermine devolution. 

According to Junet, executive power of the county government is vested in the governor and not the senator in managing county funds.

“The constitution vests executive power to manage resources in the counties on the governor and it will be unconstitutional for the senate to attempt to pass any unconstitutional bill,” he said.

While faulting the bill sponsored by URP’s Nandi senator Stephen Sang, the ODM legislator said it cannot be acceptable that the senator chair the County Development Board, and reduce governors to mere secretaries.

“How can senators purport to be in charge of the county funds, when they don’t enjoy executive authority?” He queried.

The senate, according to Junet should strive to strengthen devolution by increasing the minimum allocation from 15 percent to at least 40 percent and provide oversight to governors.

The Bill seeks to introduce the County Development Board where the senator will be the chair while the governor will be the secretary.

The board shall, among other things, provide a forum at the county level for consultation between the national and the county governments, coordinate and harmonise county development plans and projects and consider and adopt county integrated development plans before they are tabled in the county assembly for approval.

The Bill proposes that the composition of the board includes a women representative, nominated senators, MPs, MCAs, the leaders of both majority and minority of the county assembly and the speaker of the county assembly.

Governors have already warned that should the Bill be passed in its current form, they would seek both legal and political redress.