Senate pushes for control of devolved funds

By Mwaniki Munuhe

NAIROBI, KENYA: Members of the Senate are plotting to push the Government to introduce a new devolved fund that they will manage at county level.

The fund will be patterned on the Constituency Development Fund (CDF), which is run by teams chosen by National Assembly representatives.

The proposed kitty is meant to give senators the kind of political clout members of the National Assembly have enjoyed in the past, thanks to CDF.

This, reliable sources say, is the real reason for the creation of a Senate team to propose legislation aimed at reducing MPs’ powers over CDF.  They hope to pressure the Lower House to accept a compromise that sees senators also get a fund they can use to curry favour with voters before the next elections.

This is happening even as women representatives of the National Assembly try to persuade the Executive to allow them to control the disbursement of the Sh6 billion set aside for run-off in the last presidential election. The special MPs want to use the money for devolution projects at the county level.

Commission on Revenue Allocation Chairman Micah Cheserem has decried the “confusion” between the two houses and the Executive over such funds. “The National Assembly and Senate should have nothing to do with CDF and any other (devolved) funds,” Cheserem said last week. “They should play an oversight role.”

Constituency funds

He said constituency funds should be sent to the counties and be managed by governors in consultation with other stakeholders.

The plot by the senators is likely to introduce a new spin to the push by MPs, senators and members of the county assemblies for salary increments.

It is also a new angle in a power struggle between Parliament’s two houses. Sources say the move by senators to attack CDF was a ploy to kick off a public debate about devolved funds. Senators and women representatives feel they will be disadvantaged in the 2017 General Election if they have no fund under their control through which they can initiate grassroots projects.

Several senators who spoke to The Standard On Saturday confirmed they were thinking of pushing for such a fund. Due to the sensitive nature of the matter, only nominated senators were willing to be named.

“If we don’t control any budget, what shall we tell our people when we finally go for re-election in 2017?” posed nominated Senator Emma Mbura (TNA). “If we will not be given a budget, then to level the playing field, MPs should also lose control of CDF to county governments.”

Nominated Senator Naisula Lesuuda (TNA) said without a change in how the public sees politicians, the issue of controlling money will be central to the perception of performance, whether in Parliament or the Senate.

“The truth is that all of us want to control some money you can use to drill a borehole here and construct a school there,” she said. “Only then will people see you to be working. We need a change of mentality so that we understand that MPs and senators are representatives of the people.”

Recent retreat

In their recent retreat with the Commission on the Implementation of the Constitution, senators vowed to introduce legislation that would give them greater say in the management of CDF.

They formed a committee to propose legislation to reduce the authority of MPs on the fund. Busia Senator Amos Wako (ODM) and Meru Senator Kiraitu Murungi (APK) will chair the team, Mombasa Senator Hassan Omar said.

“We shall scrap Standing Orders introduced by the 10th Parliament which were unfavourable to the Senate,” Mr Omar said.

Senate Chief Whip Beatrice Elachi denied there was a plot to seek a fund: “All they want is a fully equipped county office with enough staff members. We are also planning to propose county development committees, which bring in all stakeholders to monitor development projects.”

Meanwhile, it appears the business of the legislative arm of Government may be interrupted by supremacy battles between the two Houses.

This week saw the two fight over who has the final authority on crucial revenue Bills.

On Wednesday, the Speaker of the National Assembly Justin Muturi (TNA) contradicted the Senate Speaker Ekwe Ethuro (URP) over the fate of the Division of Revenue Bill. Muturi said it was erroneous for the Bill to have been committed before the Senate.

“I am now persuaded that the Division of Revenue Bill is a Bill whose passage the Constitution envisages to be the sole prerogative of the National Assembly,” said Muturi.

Senate Deputy Speaker Kembi Gitura differed with Muturi saying that the Senate was properly seized of the Bill. “We have a right to consider this Bill and even reject it,” he said.

“We are properly seized of it and it is a constitutional mandate.”

Majority leader Kindiki Kithure (TNA) added: “The Senate is not interested in exercising powers it does not have.