The Senate has affirmed its commitment to follow judicial guidance on matters related to the separation of powers, particularly concerning development funds and the proposed Senate Oversight Fund contained in the Constitutional Amendment Bill introduced by the National Assembly.
Speaking to leaders of the Busia County Assembly on Monday, Senate Speaker Amason Kingi said the Senate respects the courts’ ruling, which clarified that management of such funds falls under the responsibility of the national executive.
“Senate is not overly preoccupied to have the Senate Oversight Fund. In fact, in the proposed Constitutional Amendment Bill, Senate Bill, that Fund does not feature.What we are focusing on is giving the Senate and the county assemblies more legislative space to ensure devolution is effectively implemented,” stated Speaker Kingi.
Kingi made the remarks while responding to Members of the County Assembly (MCAs), who had asked for the Senate’s help in setting up a Ward Development Fund to support local projects at the grassroots level.
Supporting Kingi’s explanation, Senator Edwin Sifuna (Nairobi) clarified that the proposal to create the Senate Oversight Fund came from the National Assembly and not the Senate.
“The Bill that proposes the Senate Oversight Fund was generated by the National Assembly without our knowledge. The National Assembly does not know what the Senate wants,” said Sifuna.
He added that Senators fully respect and will continue to follow the guidance of the courts, emphasising that the Senate will not attempt to take over functions reserved for other branches of government.
During discussions, Busia County Assembly leaders also highlighted their ongoing financial reliance on county executives despite laws granting county assemblies autonomy. They called on the Senate to ensure the law is fully enforced so that funds are deposited directly into assembly accounts without delays.
The MCAs further requested the Senate’s support to establish a pension scheme for members who have served two or more terms, saying their contributions to county governance deserve recognition and long-term benefits.
In response, Speaker Kingi assured the assembly that the Senate would review the financial autonomy legislation if delays in disbursing funds persist.
“If there are still challenges in accessing funds despite the new law, we shall revisit the Act to ensure county assemblies operate independently and effectively,” Kingi said.
Regarding pensions, the Senators informed the MCAs that the relevant Bill has already passed in the Senate and is now awaiting consideration in the National Assembly.
Questions about possible overlaps in oversight responsibilities were also addressed. Senators clarified that county assemblies hold the primary oversight role over county governments as provided by law, and encouraged MCAs to strengthen their capacity to ensure resources are used transparently and benefit citizens directly.
The meeting highlighted the importance of cooperation and mutual respect between the Senate and county assemblies. It 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 team was led by Speaker Fredrick Odilo, accompanied by the Deputy Speaker, as well as the Majority and Minority Leaders of the Assembly.