ABDIRASHID: County assemblies finally break free

Hon. Mustafa Abdirashid Ahmed MCA Iftin and current Deputy Speaker of Garissa County Assembly./COURTERSY

Today marks a defining moment in Kenya’s journey of devolution. The President has assented to the County Public Finance Laws (Amendment) Act, 2023, a law that grants county assemblies long-sought financial independence.

For over a decade since the advent of devolved government, assemblies have served as the legislative arms of counties, mandated to represent the people, oversee the executive, and make laws for local governance.

Yet, despite this crucial role, they have operated in the shadow of county executives, financially dependent and often politically constrained. The new law changes that equation in a fundamental way.

Before this law, county assemblies had no direct access to funds. Any request for operational budgets had to pass through the county executive before reaching the Controller of Budget for approval.

This dependency created an unhealthy imbalance of power.

Governors and their finance teams could delay or withhold funds, sometimes using financial control as a political weapon to punish dissenting voices or to weaken oversight efforts.

In some counties, assemblies found themselves grounded for weeks, unable to conduct committee investigations, hold public participation forums, or even pay members’ allowances on time.

The system undermined their constitutional role and, in effect, eroded the spirit of checks and balances.

The newly assented Act changes this by creating a County Assembly Fund for each of the forty-seven counties.

Managed by the Clerk of the County Assembly as the fund administrator, this account will be held at the Central Bank of Kenya and will receive monthly disbursements directly from the County Treasury.

The law stipulates that these funds must be released by the 15th of every month according to a schedule approved alongside the County Appropriation Bill.

All receipts, savings, and accruals will remain in the fund and will be applied solely for the purposes of running the assembly and supporting its functions.

Withdrawals will still require the written approval of the Controller of Budget, ensuring that while assemblies are financially autonomous, they remain accountable to national oversight mechanisms.

This is more than a technical change in financial management; it is a restoration of the constitutional promise of devolution.

A legislature without control over its own resources is a legislature without real independence.

The County Assembly Fund removes a major barrier to effective governance by insulating assemblies from the financial whims of county executives.

It ensures that representation, oversight, and legislation, the three pillars of the assembly’s mandate can be carried out without fear or favour.

The impact on representation will be immediate. Members of County Assemblies will have the resources to engage with their constituents more regularly, hold meaningful public participation sessions, and respond to local concerns in real time.

Committees will no longer have to cancel field visits or stakeholder forums due to lack of facilitation.

Citizens will feel the difference when legislative decisions are informed by robust consultation rather than hurried debates driven by limited budgets.

Oversight will also be strengthened. Assemblies will now have the capacity to follow up on development projects, conduct value-for-money audits, and summon executive officials without being hindered by logistical challenges.

This independence will likely improve transparency and reduce misuse of public funds, since governors will know that assemblies can act promptly and without procedural delays.

Legislation, the assembly’s third role, will benefit as well. Drafting effective laws requires research, professional advice, and engagement with stakeholders.

These are resource-intensive processes that often suffered when funds were delayed. With predictable monthly funding, assemblies can invest in legal drafting units, legislative research teams, and expert consultations, producing laws that are more responsive to county needs.

The law also introduces safeguards to prevent abuse of this new autonomy. The Controller of Budget retains the power to approve all withdrawals, ensuring compliance with the law and alignment with approved budgets.

Financial reporting requirements to the Commission on Revenue Allocation, with copies to the Controller of Budget, create a transparent paper trail.

Even within assemblies, the Clerk may delegate spending authority to staff only with clear written guidelines. These measures are meant to ensure that independence does not lead to irresponsibility.

It is important, however, to acknowledge that financial autonomy is not a cure-all. If mismanaged, it could lead to new challenges, including the risk of assemblies themselves becoming centres of wastage or patronage. Implementation will require strong internal controls, rigorous audits, and a political culture that prioritizes service to the people over personal gain.

The temptation to misuse funds will be real, but so will the opportunity to prove that legislative arms can be prudent stewards of public resources.

The broader political implications are significant. By loosening the executive’s grip on assembly operations, the law rebalances power within the county government structure.

It reinforces the vision of the 2010 Constitution, where power and resources are dispersed to promote accountability, equity, and public participation.

For citizens, this means more responsive governance and a greater likelihood that their voices will influence decision-making at the local level.

This Act also sends a strong signal that devolution in Kenya is entering a new phase. In its first decade, the focus was largely on building the administrative structures of county governments, with the executive branch dominating both the resources and the political space.

The next phase appears to be about deepening democratic institutions, ensuring that the legislature is not just a ceremonial rubber stamp but a robust, independent arm of governance capable of checking power and shaping policy.

The passage and assent of the County Public Finance Laws (Amendment) Act, 2023, should therefore be seen not just as a legislative achievement but as a democratic victory.

It represents years of advocacy by lawmakers, civil society, and governance experts who understood that devolution could not thrive under one-sided financial control.

It also reflects a growing maturity in Kenya’s political system, a recognition that accountability is not a threat to power but its essential companion.

As this law takes effect, the task now shifts to implementation. Assemblies must demonstrate that they can use this autonomy wisely, efficiently, and transparently.

Citizens must remain engaged, monitoring how their representatives use public resources. And oversight bodies must act decisively to prevent and punish misuse.

If these conditions are met, the signing of this law will be remembered as the moment Kenya’s county assemblies truly came of age, a moment when they broke free from executive financial control and stepped into their rightful place as independent guardians of public interest in the devolved system.

The writer is the MCA for Iftin Ward and current Deputy Speaker of Garissa County Assembly