County Bill threatens constitutional safeguards, legal experts now warn

A fierce showdown unfolded in Parliament as legal experts, county leaders and state officials debated the County Governments’ Laws (Amendment) Bill, 2025, raising questions about devolution.

Sponsored by Garissa Senator Mohamed Haji, the Bill proposes major changes to county management, sparking concerns that it could centralise power and weaken mechanisms holding governors accountable.

The Law Society of Kenya (LSK), represented by council member Vincent Githaiga, deputy CEO Ruth Nyaberi and law reform committee member Ambrose Waigwa, warned that the Bill threatens constitutional safeguards.

Of particular concern is a proposal to extend the terms of County Public Service Board members, which could entrench political patronage and undermine meritocracy within the county civil service.

Githaiga also flagged proposed changes to the removal process for county chiefs.

"The society cautions against any legislative provisions that could upset the constitutional threshold for removal of governors, as these checks and balances are the bedrock of accountability at the sub-national level," he said.

He warned that altering impeachment or suspension procedures could make it nearly impossible for county assemblies to exercise oversight effectively.

The Council of Governors, represented by Migori Governor Ochilo Ayacko, offered a pragmatic perspective, suggesting some amendments may be necessary to ensure administrative continuity.

However, Ayacko said the national government must not interfere with county autonomy.

"Devolution is a constitutional guarantee that must be protected from administrative overreach. Any amendments must prioritise seamless service delivery rather than creating new layers of bureaucracy," he said.

Other stakeholders, including Principal Secretary Michael Lenasalon of the State Department of Devolution and Kitui County Assembly Speaker Kevin Katisya, also contributed.

Katisya emphasised that county assemblies must retain their powers to vet and monitor executives."For devolution to work, county assemblies must remain robust watchdogs. We cannot support amendments that dilute our capacity to oversee public funds and ensure the executive remains answerable to the people," he said.

Senator Abbas assured stakeholders that the committee would review all submissions before tabling a final report.

The Senate now faces the challenge of balancing the need for legislative reform with protecting the spirit of the 2010 Constitution.