Counties exposed to pilferage as sitting governors smell defeat

Failure by legislators to amend existing laws to prevent squander of public resources by politicians defeated in the just concluded party primaries risks dragging counties into a financial crisis.

This is according to a section of senators, who are faulting Parliament for failing to pass proposed legislation that could have barred county bosses from spending public funds on new projects just three months ahead of the August General Elections.

The issue is further compounded by the country's lengthy court processes, with some governors accused of graft and who are unwilling to appear before the Senate's accounts committee seeking refuge in the justice system.

Makueni Senator Mutula Kilonzo Jr says the current laws governing change of guard at the devolved units are not sound enough to protect public funds and utilities from governors and top officials who have sensed defeat.

“Counties are exposed to pilferage. As custodians of county interests, the Senate has a role to cure any mischief in the law that is prone to abuse. The proposed laws provided an elaborate process to forestall abuse,” Mr Kilonzo said.

Block new projects

Besides the Public Finance Management Act that was set to be amended, the Senate had proposed amendments to the Assumption of the Office of Governor Bill, 2016, sponsored by Kiambu Senator Kimani Wamatangi.

Under the proposed legislation, counties would only be allowed to undertake ongoing projects besides paying salaries and allowances but bar new development projects until after new county bosses are sworn in.

Governors, according to the Bills before Parliament, were required to prepare an inventory that clearly indicates how they have spent funds allocated to the devolved units.

The proposed laws would have created transition committees in the counties to oversee the handover process of assets and liabilities belonging to the devolved units ahead of the August polls.

Rejected by voters

Already, a number of governors have been rejected by voters and for those coming from Jubilee and NASA strongholds, it appears they have slim chances of re-election even if they contest as independent candidates.

Parliament voted against party hopping so the only alternative the losers have is to seek electorate support as independent contestants.

Article 85 of the constitution states that any person is eligible to run for public office if the person has not been a member of a party for at least 90 days prior to the election.

Mr Wamatangi and Mr Kilonzo Jr said the proposals they were advocating for were meant to protect county resources from embezzlement.

“The proposed legislation was well intentioned. Handing over a record of assets and liabilities and stopping initiation of new projects a few months to the polls would save incoming governors from inheriting massive debts,” Mr Wamatangi said.