MCAs adjourn to discuss Fund Bill

By JAMES MWANGI

Nairobi County Assembly has adjourned for two weeks and members will retreat to Mombasa to discuss the controversy surrounding the Ward Development Fund (WDF) recently ratified by the governor.

The assembly passed the Fund Bill and Governor Evans Kidero signed it into law in February.

However, a row over its constitutionality has emerged pitting the assembly against the Controller of Budget office and Commission for the Implementation of the Constitution (CIC).

On Tuesday, Makongeni Ward rep Peter Imwatok moved a motion to adjourn the House to address the matter. Members sanctioned it unanimously and the assembly will thus resume on March 25.

“The development of the county continues to lag behind due to lack of vital structures to necessitate the implementation of the Act. Deeply concerned that the ward development fund committee is yet to be constituted almost two months after its enactment, this House adjourns pursuant to Standing Order 30 to discuss this matter of definite and urgent importance,” stated Imwatok.

At the same time, the assembly speaker Alex ole Magelo has directed the Committee on Implementation and that on Transport to jointly pursue the Executive and ensure the full implementation of the Fund Act.

Members have threatened to not conduct any business with the county’s Executive unless the matter is settled and the Sh15 million per ward for development is released.

“There cannot be representation, oversight and legislation without development. How can we see devolution if we can’t devolve funds to the grassroots,” stated Patrick Ngaruiya, Kahawa West rep.

Study verdict

Earlier this month, the Controller of Budget in a letter to the Clerk of the assembly and the governor said the Ward is unconstitutional and inconsistent with the law, thus not valid for funds allocation.

The CIC, too, has disputed the Fund Act prompting the speaker to direct the formation of the County Assembly Select Committee on the Fund to study the CIC’s verdict and report to the assembly on any required amendments in a week’s time.

Members told the Controller of Budget Agnes Odhiambo to steer clear  of the  interpretation of the law that is solely the mandate of the High Court.