Senators kicked out of county development boards

Senators will not chair county development boards after all. This after a High Court ruling on Friday declared a law establishing the boards as unconstitutional.

The High Court says the composition of the development boards having Senators as chairs and convenors and MPs and national government officials as members, interferes with the doctrine of separation of powers.

A three judge bench of Justices Isaac Lenaola, Mumbi Ngugi and George Odunga ruled that the County Government Act 2014 is null and void.

“The Senators, MPs and County Commissioners have no duty sitting in the county development boards. Any law giving them that power is unconstitutional and against the spirit of separation of powers,” ruled the High Court.

It was a hotly contested affair between the Governors and the Senators, with the county chiefs saying Senators were interfering with their executive powers in the counties.

The Act puts Senators as convenors and chairs of the boards, Governors as secretaries and also draws membership from MPs and national government officials.

The board was to prioritise development in counties and to avoid duplication of development projects among others. Governors had sought court’s interjection on this.

“We are happy the courts have ruled this way. Those boards will never be set up now,” said Peter Munya, the Council of Governors Chair and the Meru County Governor.

The county chiefs have also taken issue with Senate’s increase of money to County Assemblies to the tune of 2.5 billion shillings. The increased funds was to be used on capacity building, car loans and mortgages.

“It is not based on any scientific formula. It’s wrong and very expensive,” added Munya.

The Commission on Revenue Allocation (CRA) has also recommended that the disbursement of the fund be put on hold until a consensus is reached.

Report by Hussein Mohamed @husseinmohamedg