Devolution Bill faces scrutiny as LSK raises alarm on assembly fund
The society called on the Senate to either drop the clause or introduce strong safeguards to ensure transparency.
The Law Society of Kenya (LSK) has urged the Senate to reconsider proposals creating a County Assembly Fund in the Constitution of Kenya (Amendment) Bill, 2025, warning that the plan risks weakening accountability in county governments.
The Senate’s Justice, Legal Affairs and Human Rights Committee, chaired by Bomet Senator Hillary Sigei, is currently receiving views from stakeholders on the bill during a retreat in Kiambu County. The legislation seeks to strengthen devolution while resolving long-running disputes between the Senate and the National Assembly.
A key provision in the bill recommends repealing Articles 110 and 114, which outline what qualifies as bills concerning counties and money bills.
These articles have often sparked clashes between the two houses of Parliament. The LSK supported their deletion, arguing that the change will streamline legislative processes.
“The LSK commends the proposal to repeal Articles 110 and 114,” said LSK President Faith Odhiambo. “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.”
Even as it welcomed this step, the society raised sharp concerns about the introduction of a County Assembly Fund under Article 199A. Odhiambo said that while counties need financial independence, the fund as proposed leaves assemblies unchecked.
“The proposed County Assembly Fund creates a dangerous oversight vacuum and undermines the separation of powers,” she said. “The absence of express external oversight mechanisms means assemblies would be policing themselves, a situation inconsistent with constitutional principles of accountability.”
The society called on the Senate to either drop the clause or introduce strong safeguards to ensure transparency.
The bill, sponsored by Senate leadership, will undergo public participation across all 47 counties later this month, where citizens and institutions will give their input before lawmakers take it forward. Stakeholders stressed that reforms to enhance devolution must not erode the system of checks and balances.
