MPs Explore Measures to Suspend Funding to Counties Whose Governors Ignore Parliamentary Summons
Members of Parliament are considering tough actions to withhold funds from counties where governors repeatedly fail to appear before parliamentary committees to account for public money. The County Public Accounts Committee (CPAC) is examining constitutional provisions to enforce accountability amid growing frustration over non-compliance.
The committee is looking into ways to suspend disbursements under Article 225 of the Constitution, which allows Parliament to halt funding to public entities where misuse of funds has been established. This would require concurrent resolutions from both the National Assembly and the Senate, following a 2025 Constitutional Court ruling that struck down a similar Senate-only decision.
Senators have also proposed using Article 223, which permits the National Treasury Cabinet Secretary to authorize expenditures subject to parliamentary approval. This could enable the withholding of cash disbursements to counties that refuse to account for received funds until audits are completed.
The push comes after several governors skipped recent CPAC hearings reviewing the 2024/25 financial statements. Governors who failed to appear include Abdulswamad Nassir of Mombasa, who provided no explanation, Abdi Guyo of Isiolo, who requested a postponement citing insecurity and bandit attacks, and Lati Lelelit of Samburu, who attended a United Democratic Alliance National Governing Council meeting at State House instead.
Isiolo Senator Fatuma Dullo dismissed Governor Guyo's request as a public relations stunt, pointing out poor service delivery in the county and questioning the seriousness of the excuse. She noted that even if the governor was dealing with security issues, it did not justify ignoring the committee.
Homa Bay Senator Moses Kajwang emphasized the need for effective measures, stating that the goal is to stop cash disbursements to counties unwilling to account for funds until the audit process finishes. He added that proposed rules of procedure, developed with the Office of the Auditor General, would be self-executing to ensure clear summons processes and consequences for non-compliance.
The discussions also highlighted concerns about Kenya's ongoing transition from cash-based to accrual accounting, approved by the Cabinet in August 2024. The shift began partially on July 1, 2024, with full compliance required by June 30, 2027. While intended to improve transparency by recording revenues and expenses when earned or incurred rather than just when cash changes hands, senators expressed alarm that the new system could create loopholes for misappropriation, particularly in own-source revenue collection.
Kitui Senator Enoch Wambua described the framework as having many silos that might allow governors to pilfer funds. Nyamira Senator Okong’o Omogeni warned that the system appeared designed to enable fraud.
These issues build on broader challenges in devolution, where billions of shillings in county allocations require strong oversight. Repeated governor absences undermine Parliament's role in ensuring transparency and delay accountability for public resources.
The committee aims to strengthen oversight and deter non-compliance, though any fund suspensions could significantly affect county operations and service delivery if implemented.