Governors want constituency fund managed by counties

Governors have backed the High Court decision on the Constituency Development Fund (CDF) and are proposing that the fund be put under the management of counties.

The county chiefs argue that public finances should only be shared out between the national and the county governments and that the Constitution does not give MPs powers to manage the fund.

“If we are true to the Constitution, CDF should be managed at the county level. Article 202 clearly states that national revenue should be shared only between the national and county governments. There is no place for MPs in revenue distribution,” said Council of Governors chairman Isaac Ruto, also the Bomet governor.

Mr Ruto, speaking during the Governors’ Summit in Naivasha yesterday, was making reference to the High Court ruling last week which declared the CDF unconstitutional and directed Parliament to align it with the supreme law.

MPs have been up in arms against the ruling, saying they would everything within their powers to maintain the fund which is currently supervised by a parliamentary committee. They argue that CDF was under the national government but delegated to them for implementation and have vowed not to let go.

While addressing colleagues at the two day summit graced by former Ghanian President John Kufuor at Enashipai Resort, Mr Ruto commended the judiciary for the decision. “Although we did not go to court, we agree with the decision,” he said.

Mr Ruto also criticised MPs for what he called misplaced priorities in legislation.

“We applaud the Judiciary for being bold, clear in their minds and professional. It has become the anchor of stability. MPs should deploy their energies to pass laws that help devolution, not titles,” said Mr Ruto, alluding to the recently passed motion stripping the governors of the privilege to fly national flags on their official vehicles.

READ: Lawmakers mull changes to CDF Act after court ruling

His colleagues, Jack Ranguma (Kisumu), Ahmed Abdullahi (Wajir), Issa Timamy (Lamu), Moses Akaranga (Vihiga), John Mruttu (Taita Taveta) and Kisii Deputy governor Joash Maangi also backed the High Court decision.

However, they indicated that MPs could still be involved in constituency development through county structures as locals. “It is a violation of the Constitution for MPs to manage CDF.

The fund should be managed by the counties. You cannot be the same person to make and implement laws,” said Mr Ranguma.

Mr Abdullahi said having the CDF run by MPs violates the principle of separation of powers and advised that the fund be channelled to sub-county units and their use be defined.

The Wajir governor said the fund can be used to execute both national and county government functions but should not be administered by people whose role is oversight and legislation.

“It has been a source of instability and fights between leaders in the counties due to duplication,” said Mr Abdullahi who chairs the council’s committee on finance.

Mr Timamy said that while the public debate over the CDF should not not be viewed as a fight between governors and MPs, it was important that leaders uphold the law.

“You cannot be overseers and implementers and at the same time,” said the Lamu governor.

Mr Mruttu, the Taita Taveta governor, said the devolution of funds must be done within the confines of the Constitution.

“If funds will target devolved functions, then it is my belief that they must be channelled through county governments,” Mr Mruttu said.
Mr Akaranga said the CDF cash should be sent to the county government for distribution.

“MPs can air their voices directly with the governor or through members of the county assemblies because each constituency has a ward,” said Mr Akaranga.

Participants at the conference hosted by the Nation Media Group and which ends on Friday also discussed inclusivity in governance, investments and the state of devolution two years since the governors took office.

The governors cited expansion of agriculture, infrastructure, improved medical care, street-lighting and more participation by the people in governance and decision speaking as some of the key gains of devolution.

The county chiefs have lately been on the spot following a World Bank report indicating that most of them spent huge sums of money on salaries and other recurrent expenditure at the expense of development.

But on Thursday they defended themselves against the findings terming them inaccurate. Mr Ruto, said no county spent less than 30 per cent on development.

They accused the media of what they described as “unwarranted criticism” of counties as soon as they took off”.

“This has cast aspersions where none were needed and brought doubts into the minds of Kenyans whose goodwill is needed for devolution to thrive,” said the governors council. The media was asked to support and nurture devolution and “separate isolated mistakes” from its gains.

Muranga governor Mwangi wa Iria accused the media of “spinning” audit reports to hurt the image of the county leaders. His Tana River counterpart Hussein Dado asked journalists to always verify such reports before going on record.

Others who addressed the governors meeting were Auditor-General Edward Ouko, Devolution principal secretary Mwanamaka Mabruki, Kenya Power chief executive Ben Chumo and Kiprono Kittony, who chairs the Kenya National Chamber of Commerce.

Kakamega governor Wycliffe Oparanya differed with Ms Mabruki over the fate of employees inherited from defunct county authorities.

The governor argued that the national government should address the incompetences of the workers who were seconded to counties.

He said most of the employees were unqualified but that the county governments could not fire them because it was politically suicidal.

The PS said the workers belong to county governments and that their fate should therefore be determined by the governors.

On investments, Mandera Governor Ali Roba blamed poor infrastructure and lack of energy for slow growth in northern Kenya counties.

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