Devolution is the highest form of decentralisation that Kenya has ever had.
It involves the distribution of administrative, political and financial powers from the centre to lower levels of governance. This includes the powers to generate and spend revenue.
Contrary to the vision of devolution, some county governments have been misusing the powers entrusted to them by formulating and implementing budgets that go against the law.
This denies Kenyans the opportunity to enjoy devolution as aspired by the 2010 drafters of the Constitution.
Currently, 18 counties are at risk of not receiving any disbursement from the National Treasury in the current financial year due to not adhering to a 35 per cent threshold on recurrent expenditure for salaries and wages.
Analysis by the Controller of Budget on county staff’s salaries for the first nine months of the 2020-21 financial year as a proportion of income received by counties shows that Baringo, Bungoma, Elgeyo Marakwet, Embu, Garissa and Homa Bay exceeded the allowable limit of 35 per cent.
Others were Kiambu, Kirinyaga, Kisii, Kitui, Machakos, Meru, Murang’a, Nandi, Taita Taveta, Tharaka Nithi, Vihiga and West Pokot.
According to the Budget Review and Outlook Paper published by the treasury, over 50 per cent of the county governments’ total expenditures are going towards personnel emoluments.
This is a gross breach of the law that must be tamed.
Whereas the illegality denies funds to development projects such as building and upgrading health centres, the high spending of county funds towards wages often does not translate into better service delivery to Kenyans, raising concerns over the remuneration of ghost workers.
MPs must now move in support of the stoppage of funds to the named counties over the concerns raised by the CoB.
Constitution allows the national government to stop up to 50 per cent of the funds flowing to a county government for 60 days if they fail to contain their expenditure at sustainable levels and in compliance with Regulation 25 (1) (b) of the Public Finance Management (county governments) Regulations, 2015.
The Senate should also step up on their oversight responsibility of ensuring development expenditure, and recurrent expenditure by counties are within the slated cappings, to secure the will of devolution rather than undermined.
The writer is a youth coordinator at the Centre for the Study of Adolescence
Edited by Kiilu Damaris