A silent battle is unfolding between governors and Members of County Assemblies (MCAs) in Kenya over the financial independence of county assemblies. According to a report by the Controller of Budget Margaret Nyakang’o, only two counties, Trans Nzoia and Marsabit, have operationalized their County Assembly Funds. This development comes more than a year after President William Ruto signed a law requiring the establishment of such funds in each of the 47 counties. The law aims to give county assemblies greater control over their finances.
The County Public Finance Laws (Amendment) Act, 2025, amended the Public Finance Management Act to establish a County Assembly Fund for every county. The fund is administered by the clerk of the county assembly. However, the delay in implementing the law has reignited long-running battles between governors and MCAs over the influence of county executives on county assemblies. The Public Finance Management Act mandates county finance executives to establish funds in county governments. These finance executives are appointees of the governors.
Trans Nzoia County has approved transfers of Sh509.17 million into its County Assembly Fund, while Marsabit County has transferred Sh890.46 million. The Controller of Budget has urged clerks of county assemblies to work with county executive committee members responsible for finance to fully operationalize County Assembly Funds. Nyakang’o emphasized that the slow operationalization of the funds must be addressed to ensure county assemblies achieve financial independence.
The lack of financial resources has weakened county assemblies and undermined their oversight work, according to Meru Senator and Senate Deputy Speaker Kathuri Murungi. He sponsored the Bill that established the County Assembly Fund. Murungi argued that financial dependence had exposed MCAs and assembly staff to pressure from county executives. The new law seeks to change this arrangement by creating a separate financial framework for county assemblies.
President William Ruto signed the legislation, stating that it was intended to address the financial vulnerability of county assemblies. The law provides that monies allocated to the assembly are used exclusively for assembly functions. Under the law, the clerk of the county assembly is responsible for administering the fund. This development is expected to strengthen the independence of county legislatures.
For years, MCAs have complained that their ability to perform their constitutional oversight role is weakened when they have to depend on the same county executives they are required to scrutinize for the release of funds. The County Assembly Fund is expected to provide a predictable source of funding for county assemblies. This will enable them to carry out their mandate without interference from county executives.
The Controller of Budget has advised county governments to develop clear disbursement schedules for transfers from the County Revenue Fund to the County Assembly Fund in their FY 2026-27 budget submissions. This will ensure that county assemblies receive timely funding. The implementation of the County Assembly Fund is crucial in ensuring the financial independence of county assemblies and enhancing their oversight role.
Key points
- Only two counties, Trans Nzoia and Marsabit, have operationalized their County Assembly Funds.
- The delay in implementing the law has reignited battles between governors and MCAs over the influence of county executives on county assemblies.
- The County Assembly Fund aims to provide financial independence to county assemblies and enhance their oversight role.