Senate tussles with county assemblies

NAIROBI: A showdown looms between the Senate and county assemblies over oversight on county governments.

County Assemblies Public Accounts Committee (PAC) chairmen accused the Senate of overstepping its mandate in probing the Auditor General’s report touching on spending by counties.

The chairmen drawn from the 47 counties under the umbrella Accountability Kenya argued that county assemblies are the ones entitled by law to inquire into the audit reports and forward any outstanding matter to the Senate.

They stressed they have the capacity and are equal to the task to grill governors and their executive committee members. They told the Senate Public Accounts and Investment Committee to exercise restraint while considering the audit reports.

“We are in the process of examining the auditor’s reports. We want to reaffirm our position that the assemblies are not handicapped in discharging their duties,” said PAC chairman (Uasin Gishu) Ramadhan Ali.

 “It is within the jurisdiction of the assemblies to investigate the financial queries and not the Senate. Article 226 (3) of the Constitution vests the oversight role on the assemblies while Article 229 (7) and (8) on both Parliament and assemblies,” he added.

KHALWALE’S ANSWER

The Members of the County Assemblies (MCAs) who held a press conference at the Kenya School of Government took issue with the manner in which the Khalwale-led committee has continued to carry out its oversight function, despite constant petitions over interference. But in a quick rejoinder, Dr Khalwale told off the MCAs, stressing they lack the capacity to probe governors and by virtue of their qualifications, they cannot grill the county bosses. “The chairmen cannot summon and interrogate governors on accountability issues,” he stressed.

The MCAs have threatened to move to the Supreme Court to seek an advisory on the separation of functions between the assemblies and Senate. They have accused the Senate committee of applying double standards.

“We want to categorically state it is our constitutional duty as county sssemblies PAC to interrogate the audits on counties financial management,” said PAC chairman (Trans Nzoia) Kipyego Kitur.

“The Senate has resorted to interrogating daily activities of county executives, ignoring the role of the assemblies. This act of impunity should be avoided,” said PAC chairman (Taita Taveta) Mohammed Ali.

Khalwale however criticised the PAC chairmen for reading the Constitution in isolation and missing the point. “MCAs are losing it. They should read all relevant articles and understand their Constitution’s limitations,” he added. Governors have protested over the Senate summons and even moved to court to seek an interpretation.