Governors have opposed a push to allocate at least 60 percent of development budget for ward-based development projects, saying the move will render counties unable to implement flagship or high capital projects.
The development stems from a Bill before the Senate seeking to have governors allocate at least 60 percent of a county’s development budget to ward-based projects.
The County Wards (Equitable Development) Bill, 2024, sponsored by Kiambu Senator Karungo Thang’wa, seeks to provide a uniform allocation of at least 60 percent of the development budget to ward development with the remaining 40 percent going to flagship projects.
However, governors have opposed the bid arguing that the Bill is fundamentally flawed and would present implementation challenges.
Making submissions on behalf of the Council of Governors before the Senate Finance committee, Kakamega Governor Fernandes Barasa said that by providing a uniform allocation to county wards for development budgets, the Bill disregards the uniqueness of each county government and their autonomy to plan and budget.
He said counties are at different stages of development hence a uniform application on the allocation defeats the objects of the Bill to promote equitable development, adding that there is no scientific basis on how the 60 percent threshold was arrived at.
The Council’s Finance Committee chairperson also noted that the sponsor of the Bill does not appreciate that there are other decentralised units in counties apart from wards.
These, he said, include urban areas and cities, sub-counties, village units and any other further unit established by a county.
The Council further poked holes in the Bill by saying that it provides a parallel planning and budgeting framework to what is already provided for in the County Integrated Development Plans (CIDPs).
Mr Barasa pointed out that the proposal to introduce new projects not within the CIDP negates the principles of planning and budgeting and could lead to duplication of projects and service delivery.
“Introducing new projects not contemplated in the existing integrated development plans such as CIDPs annually will lead to scattered development which negates the objects of the Bill,” said Mr Barasa.
The governor said Mr Thang’wa is also oblivious that several counties have already enacted legislation to ensure equitable development across wards including Meru, Nairobi City, West Pokot, and Makueni.
“Allocating a minimum of 60 percent of counties development budget across all wards will render counties unable to implement flagship projects and cross-cutting projects across wards (high capital projects),” said Mr Barasa.
“In view of the above, the Council proposes that the Bill is withdrawn to allow for a comprehensive review and development of a framework that promotes equitable development in all decentralised units, which county governments will domesticate by enacting county-specific legislations on equitable development,” he added.
Nonetheless, the Bill comes against a backdrop of complaints by several MCAs over neglect of their wards by governors in terms of development for political reasons.
“Some MCAs believe governors are discriminating in distribution of resources or projects. How can governors ensure fairness in the distribution of projects as captured in the CIDP?” posed Kakamega Senator Boni Khalwale.
Mombasa Senator Mohamed Faki argued that there are some inadequacies in the CIDP which have led to the Bill being proposed.
He took to task Governor Barasa to explain how the CoG is trying to address some of the challenges where some wards are not receiving projects or if they do, the projects do not take off and no explanation is given on where the money went to.
The senator added that the county will come up with a new project despite having a stalled one and it turns into an annual ritual of planning without implementation.
“In our oversight role, we have come across some wards going without development and this makes senators inclined to support this Bill,” said Mr Faki.
However, Governor Barasa said a CIDP is identified through people-driven processes like public participation and oversight by the Senate can cure the inadequacies.
“A project might not be completed due to budgetary constraints like a county's failure to meet its own source revenue target. We don’t necessarily need this Bill to ensure equitable implementation of ward-based projects,” said Governor Barasa.
CoG chief executive officer Mary Mwiti added that there is a procedure and possibility of curing the inadequacies administratively instead of creating other units or layers of planning like is being proposed.
“Maybe Senate can come up with guidelines to ensure fairness, transparency in the implementation of such projects,” said Ms Mwiti.
According to the Bill, CEC for Finance may establish a committee to be known as the Ward Projects Identification Committee, an ad-hoc committee tasked with facilitating the identification of ward projects.
The county minister shall, within the medium term, ensure that development projects are spread out equitably across all the wards.
The Bill provides that the Commission for Revenue Allocation shall advise the county executive committee for Finance on criteria for allocation of a specific amount for each ward in the county to ensure equitable development.
The resources, the Bill states, shall implement projects identified by the residents of each ward in the county.
The CEC shall then submit a report to the county assembly on the projects identified as well as publicise the projects approved by the county assembly for implementation in each ward by publishing a notice in the county gazette and through other means.
When approving a project for implementation under this Act, the County Assembly and the county executive committee members shall ensure the project is community-based.
It provides that funds allocated for a project shall only be reallocated for any other purpose during the financial year with the approval of the county assembly.
If a project is cancelled or discontinued for any reason during the fiscal year, the funds allocated for that project shall be reallocated to another project to be implemented in the same county.
