- Kenyans will no longer rely on the political goodwill of their governors to get development if a new Bill currently in the Senate is enacted.
- The County Wards (Equitable Development) Bill, 2024 compels governors to impalement development projects across all the wards within their jurisdiction.
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Kenyans will no longer rely on the political goodwill of their governors to get development if a new bill currently in the Senate is enacted.
The County Wards (Equitable Development) Bill, 2024 compels governors to implement development projects across all the wards within their jurisdiction.
“This Bill promotes the objects of devolution set out under Article 174 of the constitution by providing a legal framework that promotes equitable development across all wards in each county,” the Bill states.
Several MCAs across the country have lamented about the neglect of their ward by governors for political reasons.
According to the proposed law sponsored by Kiambu Senator Karungo Thangwa, a county government shall allocate its resources equitably across all the wards in the county.
The Bill has been published for introduction in the Senate for first reading.
The county executive committee shall within the medium term, ensure that development projects are spread out equitably across all the wards.
The Bill provides that the Commission for Revenue Allocation shall advise the county executive committee for finance on criteria for allocation of a specific amount for each ward in the county to ensure equitable development.
The resources, the Bill states, shall implement projects identified by residents of each ward in the county.
“The county executive committee member shall coordinate the process of identifying projects for implementation in the respective wards and shall, for this purpose, conduct public participation,” the Bill says.
It provides that the CEC may establish a committee to be known as the Ward Projects Identification Committee, an ad-hoc committee tasked with facilitating the identification of ward projects.
The committee shall be chaired by a person appointed by the CEC, with one person each representing the business community, youth, either gender, professionals and PWD and ward administrator being members.
“The CEC member shall consolidate and submit the proposals received [from the public] to the county executive committee for prioritisation and determination of projects for implementation in each ward,” the Bill adds.
The County Finance CEC shall then submit to the county assembly, a report on the projects identified under subsection.
The CEC member shall publicise the projects approved by the county assembly for implementation in each ward by notice in the county Gazette and through such other means.
When approving a project for implementation under this Act, the County Assembly and the county executive committee member shall ensure the project is community-based.
The project should aim at ensuring the development of infrastructure that would promote the delivery of basic services and goods to persons residing at the lowest unit of decentralisation.
The Bill mandates the executive committee members to ensure timely and efficient disbursement of funds for the implementation of county ward development projects.
The CEC shall also ensure efficient management of the funds in the implementation of county ward development projects.
It provides that funds allocated for a project shall only be re-allocated for any other purpose during the financial year with the approval of the county assembly.
If for any reason a project is cancelled or discontinued during the financial year, funds allocated for that project shall be reallocated to another project to be implemented in the same ward.
“The Bill principally seeks to promote the decentralisation of development within the counties by creating a framework for identifying projects that are beneficial to the residents of the respective wards,” the Bill states.
The Bill spells out tough punishment for county officials who misappropriate funds meant for the ward projects.
“Any person who misappropriates any funds or assets from the Fund or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act commits an offence,” the Bill says.
The offender, upon conviction, shall be liable to imprisonment for a term of not less than five years or to a fine of not less than Sh500,000 or to both.