The Law Society of Kenya (LSK) has called for major changes to a proposed County Assembly Fund, warning that it could weaken accountability in county governments.
The Senate’s Justice, Legal Affairs and Human Rights Committee, chaired by Bomet Senator Hillary Sigei, held a retreat to gather views on the Constitution of Kenya (Amendment) Bill, 2025. The bill seeks to strengthen devolution and resolve long-running disputes between the Senate and the National Assembly.
At the centre of the reforms is a plan to repeal Articles 110 and 114 of the Constitution, which define “bills concerning counties” and “money bills.” These provisions have often caused conflict between the two Houses of Parliament.
LSK President Faith Odhiambo welcomed the proposal, saying it would end years of legislative gridlock. “The LSK commends the proposal to repeal Articles 110 and 114. These articles have been a persistent source of conflict, frustrating the smooth operation of bicameralism. Their removal will simplify legislative classification and is a critical step towards ending the gridlock that has undermined devolution,” she said.
However, the society raised concerns over a new clause, Article 199A, that proposes the creation of a County Assembly Fund. While supporting financial independence for counties, Odhiambo warned the clause leaves room for misuse.
“The proposed County Assembly Fund creates a dangerous oversight vacuum and undermines the separation of powers,” she said. “The absence of express external oversight mechanisms means assemblies would be policing themselves, a situation inconsistent with constitutional principles of accountability.”
The LSK urged senators to delete or revise the clause before passing the bill.
The proposed law, sponsored by Senate leadership, will now go to public participation sessions in all 47 counties later this month. Stakeholders stressed that reforms to strengthen devolution must not come at the expense of transparency and checks and balances.
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