Senators Review Bill to Rein in Governors and Tighten County Oversight

Senators are examining the County Government Laws (Amendment) Bill, 2025, which aims to strengthen accountability, efficiency, and oversight in county governments while reinforcing the principles of devolution.

Sponsored by Garissa Senator Abdul Mohammed Haji, the proposed legislation introduces several key measures to address longstanding challenges in county administration. One major provision requires governors to assent to county bills within seven days of receiving them. If a governor fails to do so, the County Assembly Speaker would gain the authority to publish the bill, ensuring that executive delays do not hinder the legislative process.

The bill also proposes capping the number of chief officers in each county at twenty. This limit seeks to curb bloated executive teams, reduce unnecessary administrative costs, and promote more streamlined and budget-conscious operations at the county level.

Another significant change aligns the terms of County Public Service Boards with the five-year electoral cycle. This adjustment would facilitate smoother transitions between administrations and allow incoming governments to effectively pursue their policy agendas without prolonged disruptions.

The Senate Standing Committee on Devolution and Intergovernmental Relations held deliberations on the bill recently. Committee Chairperson Senator Abass Sheikh Mohamed highlighted concerns over one potential provision that could treat a governor's failure to assent as grounds for removal from office under constitutional procedures. He described such a penalty as overly punitive and inconsistent with fairness standards outlined in Article 181 of the Constitution, recommending its deletion while preserving the Speaker's power to publish laws.

Other senators contributed to the debate. Senator Margaret Kamar pointed out practical difficulties in forming new county executives within tight timelines, such as a proposed twenty-one-day period, due to procedural requirements in assemblies. Senator Catherine Mumma questioned the necessity of some amendments, noting that existing laws already permit bills to take effect after fourteen days in certain cases. Senator Mohamed Chute from Marsabit argued that failure to publish a law in the Gazette should not block its practical implementation.

Stakeholders including the Council of Governors, the County Assembly Forum, and the Law Society of Kenya have provided input during the review process. The committee is now consolidating these views and preparing a report with recommended amendments for full Senate consideration.

Proponents of the bill emphasize its goal to eliminate bottlenecks in county legislation, enhance transparency, and ensure that devolution translates into meaningful benefits for citizens through more accountable and efficient governance structures. The ongoing review reflects the Senate's broader commitment to upholding robust oversight while balancing executive powers with constitutional protections.