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Post Reply: Senate Reaffirms Commitment to Separation of Powers and Strengthens County Oversight

<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 October 8, 2025, 7:03 am</div><div id="pl-8206"  class="panel-layout" ><div id="pg-8206-0"  class="panel-grid panel-no-style" ><div id="pgc-8206-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-8206-0-0-0" 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="1 1 []">The Senate has reiterated its dedication to upholding court rulings on the separation of powers, particularly in the management of development funds like the Constituency Development Fund (CDF) and the proposed Senate Oversight Fund. This stance was highlighted during a meeting with the Busia County Assembly leadership on Monday, where Senate Speaker Amason Kingi emphasized the Senate's respect for judicial interpretations that place such funds under the national executive's control.</p>
<p dir="ltr">During the discussion, Kingi clarified the Senate's position on the Constitutional Amendment Bill introduced by the National Assembly, which includes the Senate Oversight Fund. He noted that the Senate's own Bill does not include this fund, as the Senate is more focused on expanding legislative authority for itself and county assemblies to ensure effective implementation of devolution. The Speaker was responding to appeals from Members of the County Assembly (MCAs) who sought Senate support for establishing a Ward Development Fund to address grassroots community projects.</p>
<p dir="ltr">Senator Edwin Sifuna from Nairobi further clarified that the Senate had no role in drafting the amendment proposing the Senate Oversight Fund, stating it originated solely from the National Assembly. He emphasized that Senators fully accept the court's ruling and are committed to respecting the distinct roles of each government arm.</p>
<p dir="ltr">The Busia County Assembly leadership raised concerns about their financial dependence on county executives, despite laws granting them financial autonomy. They urged the Senate to enforce these laws to ensure direct and timely fund releases to county assembly accounts. Additionally, MCAs requested Senate backing for a pension scheme for members serving two or more terms, arguing that their legislative and governance roles warrant proper benefits.</p>
<p dir="ltr">In response, Kingi assured the assembly that the Senate would review the implementation of financial autonomy laws to address delays in fund access. He stated that any persistent challenges would prompt a revisit of the relevant Act to ensure county assemblies can operate independently and effectively. On the pension issue, Senators informed the assembly that a related Bill has already been passed by the Senate and is awaiting consideration in the National Assembly.</p>
<p dir="ltr">The meeting also addressed concerns about potential duplication of oversight roles. Senators clarified that county assemblies are the primary oversight bodies for county governments, as stipulated by law. They encouraged MCAs to enhance their oversight capabilities to ensure transparent management of public resources and deliver tangible benefits to citizens.</p>
<p dir="ltr">The discussions underscored the importance of ongoing cooperation between the Senate and county assemblies to advance devolution. The meeting was attended by several Senators, including Deputy Speaker Kathuri Murungi (Meru), Boni Khalwale (Kakamega), Edwin Sifuna (Nairobi), and Seki Lenku (Kajiado). The Busia County Assembly delegation was led by Speaker Fredrick Odilo, joined by the Deputy Speaker, Majority Leader, and Minority Leader.</p>
<p dir="ltr">This engagement reflects the Senate's commitment to strengthening devolution, respecting judicial rulings, and fostering collaboration with county assemblies to ensure effective governance and resource management at all levels.</p>
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