A fierce political showdown is brewing between the Council of Governors (CoG) and Members of Parliament over a controversial legislative proposal seeking to entrench three powerful national funds into the Constitution.
The CoG, led by Vice Chair H.E. Mutahi Kahiga and Legal and Intergovernmental Relations Committee Chair H.E. Ochillo Ayacko, appeared before the National Assembly’s Justice and Legal Affairs Committee (JLAC), delivering a scathing rejection of the proposal that seeks to solidify the National Government Constituencies Development Fund (NG-CDF), the Senate Oversight Fund, and the National Government Affirmative Action Fund (NGAAF) in Kenya’s supreme law.
Governors Sound the Alarm
In a bold and unapologetic stance, the governors warned that the move is unconstitutional, a direct attack on devolution, and an attempt to empower legislators beyond their constitutional roles of representation, oversight, and law-making.
“This is an outright power grab by Members of Parliament. If this proposal is passed, MPs will usurp executive roles and convert constituencies into service delivery units—something that goes against Article 89 of the Constitution,” an impassioned Governor Ayacko declared.
The CoG further argued that the proposal would create duplication of allocations, particularly to Senators, and roll back devolution, weakening county governments and tilting resource distribution in favor of the national government.
Referendum Looming?
The governors insisted that the only lawful way to implement these changes is through a referendum, given the gravity of the alterations to Kenya’s governance structure.
“Kenyans must decide! This is not a decision to be made by a few individuals in Parliament,” Kahiga emphasized, signaling a looming nationwide debate that could see the matter taken to the people.
What’s at Stake?
The battle lines are now drawn. On one side, MPs and Senators argue that these funds are crucial for development at the grassroots. On the other, governors are warning that this is a return to centralized governance, which could cripple county governments and undo the gains of devolution.
With tensions rising, will Parliament bulldoze the proposal through, or will the governors rally county assemblies and Kenyans to block what they call a constitutional betrayal?
