Controller of Budget Margaret Nyakang'o on March 11, 2025 when she appeared before the Senate Finance and Budget Committee at the County Hall in Nairobi.
Budget Controller Margaret Nyakang'o has been dragged into the turf wars in Nyamira County, with senators questioning her role in the ongoing standoff that has seen the county operating with two county assemblies.
The development comes after the lawmakers questioned how the county government has been receiving funds from the National Treasury despite the fact that the assembly, which is aligned to Governor Amos Nyaribo, has been conducting its business outside the official precincts.
Nyamira Senator Okong'o Omogeni said the Nyamira County Assembly is divided into two rival groups, each holding parallel sittings in different locations.
According to the senator, one is in the main county assembly building and the other is holds its sitting in several other towns in the county.
The split rival groups, he said, are led by separate individuals, each claiming to be the legitimate speaker and secretary of the county assembly.
“What is happening is a situation where the governor chooses to deal with one faction outside the official premises of the County Assembly of Nyamira. This state of affairs has caused confusion and has undermined the legislative integrity of the County Assembly,” said Mr Omogeni.
Nyamira Speaker Enock Okero in November 2024 convenes a parallel sitting with a faction of the MCAs in a room at Manga Stadium, while the rest of the assembly went about their business in the assembly premises.
Senate Majority Leader Aaron Cheruiyot was at a loss as to which budget Dr Nyakang'o had used to approve the withdrawal of allocations to the devolved unit.
Mr Cheruiyot argued that it was not possible to have two county assemblies without the support of the Controller of Budget and the governor's office.
The Kericho senator said there are certain statutory obligations that must be met by the county assembly before demands are made on matters such as the budget.
“Which of the two factions is she funding, and based on what? Based on that decision, then that is a legitimate county assembly,” said Senator Cheruiyot.
He questioned how the two county assemblies are resourced and are able to pay their bills.
“It is proper for her to check which county assembly has approved some of these budgets that come from that particular county because at the heart of this dispute, resources are never far away. You can stop the taps until that matter is resolved,” he added.
Kakamega Senator Boni Khalwale said Dr Nyakang'o was responsible for overseeing the implementation of budgets by county governors and should now appear before the Devolution Committee to explain which assembly passed the budget she implemented.
He added that Governor Nyaribo must also appear before the committee to shed light on which county assembly was responsible for allowing him to spend the money going to the county.
Nyamira County Governor Amos Nyaribo before the Senate Committee on Public Investments and Special Funds Committee on March 18, 2025 at the Bunge Tower in Nairobi.
Homa Bay Senator Moses Kajwang' said the county assembly is divided down the middle, with one assembly sitting in the assembly hall and another sitting under a tree, saying it is assembly mashinani.
“The governor chooses to send his budget to the assembly that sits under a tree and not the assembly that sits in the assembly precincts. This is madness and I think that Kenyans have been tolerant for too long,” said Mr Kajwang’.
The Devolution Committee, headed by Wajir Senator Mohamed Abass, has been mandated to investigate the status and legal standing of all business transacted by the two rival factions, including the adoption and passage of the supplementary budget and other legislative decisions taken during the standoff.
The committee will also inquire into the process by which the two speakers and clerks were appointed, and whether due process and relevant standing orders were followed prior to their appointment.
“The Committee should inquire the steps taken by the relevant constitutional and intergovernmental bodies to resolve the leadership disputes with a view of restoring order in the County Assembly,” said Senator Omogeni.
Senator Abass termed the situation in Nyamira as “unfortunate”, saying that after the failed impeachment attempt on Governor Nyaribo, there have been parallel speakers and clerks.
“The Assembly has not been operating well. There has been a lot of rivalry. I do not even know how the governor was approving his budgets,” he said.
Nandi Senator Samson Cherargei accused Governor Nyaribo of creating chaos in the County Assembly after his failed impeachment bid.
“Any budget approvals that the Governor has passed in Nyamira County Assembly are illegal. Therefore, the dysfunctionality of Nyamira County Assembly is not by default, but by design, by the County Executive,” said Mr Cherargei.
“The MCAs should know that the more they perpetuate the dysfunctionality of the County Assembly of Nyamira, they are undermining and killing devolution in the county.”
Kitui Senator Enoch Wambua added: “Without fear of contradiction, I would like to say that if there has been any serious threat to devolution, it is in Nyamira County.”
