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Post Reply: LSK Warns of Accountability Risks in New County Assembly Bill

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 10, 2025, 9:01 am</div><div id="pl-7888"  class="panel-layout" ><div id="pg-7888-0"  class="panel-grid panel-no-style" ><div id="pgc-7888-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7888-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">the Law Society of Kenya (LSK) has expressed significant concerns about a proposed County Assembly Fund outlined in the Constitution of Kenya (Amendment) Bill, 2025. The LSK cautioned that the fund could undermine accountability in county governments by allowing county assemblies to self-regulate, potentially creating an oversight gap that weakens the separation of powers and constitutional principles of transparency.</p>
<p dir="ltr">The Senate’s Justice, Legal Affairs and Human Rights Committee, chaired by Bomet Senator Hillary Sigei, held a stakeholder retreat in Kiambu County to gather input on the bill. The legislation seeks to strengthen devolution and address ongoing conflicts between the National Assembly and the Senate over legislative authority. A key proposal in the bill is the repeal of Articles 110 and 114 of the Constitution, which define “bills concerning counties” and “money bills.” These articles have long been a source of contention between the two parliamentary houses, causing delays and disputes in the legislative process.</p>
<p dir="ltr">LSK President Faith Odhiambo praised the proposed repeal of Articles 110 and 114, noting that their removal would streamline the legislative process and reduce conflicts that have hindered devolution. “These articles have been a persistent source of conflict, frustrating the smooth operation of bicameralism. Their removal will simplify legislative classification and is a critical step towards ending the gridlock that has undermined devolution,” Odhiambo stated during the retreat.</p>
<p dir="ltr">However, the LSK strongly opposed the introduction of the County Assembly Fund, warning that it could lead to a lack of external oversight, allowing county assemblies to operate without sufficient checks and balances. “The proposed County Assembly Fund creates a dangerous oversight vacuum and undermines the separation of powers,” Odhiambo said. “The absence of express external oversight mechanisms means assemblies would be policing themselves, a situation inconsistent with constitutional principles of accountability.”</p>
<p dir="ltr">The bill also proposes elevating the Senate’s status to match that of the National Assembly, drawing inspiration from the US Senate model. This change aims to enhance the Senate’s role in the legislative process and strengthen devolution by giving it greater authority. While the LSK supports efforts to resolve legislative disputes and empower the Senate, it urged the committee to either eliminate the County Assembly Fund clause or introduce robust transparency and supervision measures to ensure accountability.</p>
<p dir="ltr">The LSK’s concerns highlight the delicate balance between empowering county governments and maintaining effective oversight to prevent mismanagement or abuse of power. As the Senate committee continues to gather stakeholder feedback, the LSK’s recommendations underscore the need for careful consideration to safeguard Kenya’s devolution framework and uphold constitutional standards of governance.</p>
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