Expert on matters governance, constitutionalism and devolution has raised concerns over what they term is weak oversight by Vountg Assemblies in Kenya.
Mr. Joseph Omondi says the persistent failure by County Assemblies in Kenya to effectively exercise oversight over Governors and County Executive Committee Members has reduced the Senate’s oversight role to a reactive one, often likened to that of “morticians” dealing with governance failures after the damage has already occurred.
In a statement, Mr. Omondi who is also the Executive Director MIDRIFT HURINET, argues that the Constitution (Article 185) and the County Governments Act, 2012 (Sections 8, 9, 33, and 46) mandate County Assembly members to oversight the Governor and executive committee.
This oversight involves approving plans/policies, vetting appointees, controlling budget expenditure, and initiating impeachment procedures.
He highlighted Key Constitutional and Legal Provisions:
Article 185 of the Constitution (2010): Vests legislative authority in the County Assembly, explicitly empowering it to exercise oversight over the county executive committee and any other executive organs.
Section 8 of the County Governments Act (2012): Empowers the County Assembly to receive and approve plans and policies for managing county resources, infrastructure, and institutions.
Section 9 of the County Governments Act (2012): Outlines the roles of Members of the County Assembly (MCAs), including legislation, representation, and oversight, while respecting the separation of powers.
Section 33 of the County Governments Act (2012): Provides the framework for MCAs to initiate the removal of a governor (impeachment).
Section 46 of the County Governments Act (2012): Obligates the County Executive Committee to comply with the County Assembly’s oversight on the organization, structure, and management of the county departments.
On matters approval Roles, The Assembly holds power to vet and approve nominees for county public offices (Section 8) and approve budget/expenditure and borrowing (Sections 8, 13).
According to Omondi, Key Oversight Committees in County Assemblies should play their roles.
They include;
1. Public Accounts Committee (PAC)- Oversight focus: Financial accountability and prudent use of public resources
Role:
•Examines reports of the Auditor-General on county expenditures.
•Investigates misuse of public funds and financial irregularities.
•Summons accounting officers and County Executive officials to respond to audit queries.
2. Public Investments Committee (PIC)
Oversight focus: County investments, commercial undertakings
Role:
•Reviews the performance and management of county corporations, boards, and state-owned entities.
•Examines investments made using county funds.
•Ensures value for money in county projects and enterprises.
3. Budget and Appropriations Committee
Oversight focus: Budget discipline, fiscal responsibility, and alignment with development priorities
Role:
• Reviews county budget estimates before approval.
• Monitors implementation of the approved budget.
• Tracks expenditure trends and reallocations.
4. Finance, Economic Planning, and ICT Committee
Oversight focus: Revenue mobilization and financial governance.
Role:
•Oversees revenue collection, taxation, and financial management systems.
•Reviews county fiscal policies and economic planning frameworks.
•Monitors efficiency of financial administration.
He pointed out that Oversight committees within County Assemblies should be the primary guardians of accountability at the devolved level of governance.
“When they function effectively, they provide the first and most immediate line of scrutiny over the actions, decisions, and expenditures of Governors, County Executive Committee Members, and county departments,” he said.
Omondi who has passion on matters good governance and constitutionalism says this early and continuous oversight is critical in detecting financial mismanagement, policy failures, and administrative irregularities before they evolve into full-blown governance crises that require intervention by the Senate or other national accountability institutions.
His call to action is for Citizens across Kenya’s counties to take an active role in safeguarding the promise of devolution.
This, he adds that it begins with conducting informed civic scrutiny of the leadership and performance of County Assembly oversight committees to determine whether they are truly delivering accountability, transparency, and responsive governance.
“Public participation is not only a democratic right but also a constitutional responsibility in ensuring that devolved institutions serve the people effectively,” he says.
Sustained civic vigilance, Mr. Omondi says is essential to realizing the aspirations of Article 174 of the Constitution, which anchors devolution in democratic governance, equitable development, transparency, and public participation.