Senators have cautioned governors against overstepping their constitutional mandate by creating punitive regulations, warning that such actions usurp the exclusive law-making powers of County Assemblies.

In a statement posted on Parliament’s Facebook account on September 2, 2025, the Senate Committee on Delegated Legislation, while conducting visits to Tharaka Nithi and Embu Counties, urged Members of County Assemblies to assert their constitutional authority in scrutinising regulations despite political pressures and financial constraints.

“The Senate Committee on Delegated Legislation has called on County Assemblies to remain steadfast and assert their constitutional authority in scrutinising regulations even in the face of political pressures and financial hurdles,” the statement read.

Warning to Governors

Speaking during the session in Tharaka Nithi, Vice Chairperson Danson Mungatana warned governors against creating harmful regulations, emphasising that legislation remains the exclusive function of County Assemblies.

“Senators shall continue calling for accountability from Governors, as it is the Senate’s constitutional mandate. Governors must not usurp the powers of County Assemblies to create regulations that punish citizens,” Mungatana declared.

The Tana River Senator reminded assemblies that they should be vigilant against executive encroachment on their legislative space.

“Legislation is for the County Assemblies, and therefore, Governors should not use donated power to create bad regulations. I appeal to County Assemblies to stamp their authority and annul those regulations that negatively affect citizens,” he said.

Legislative role

On his part, Committee Chairperson Mwenda Gataya encouraged MCAs to take their legislative role seriously and resist external influences.

“You should be smart and thorough. Make sure members are updated in order to make the right decisions regarding any regulations, despite political machinations which are everywhere,” Gataya said.

Mungatana further urged MCAs to be proactive in securing their financial requirements rather than over-relying on the National Government.

He cautioned against over-dependence on external support, arguing it would derail assembly plans and operations.

“The best thing is for you to create some budgetary allocation within yourselves in order to move swiftly, especially when it comes to financial requirements. Make good use of the Act that was passed by the Senate and assented to recently by the President,” he advised.

MCA responses

The Tharaka Nithi County Assembly commended the Senate Committee for the visit but expressed concern that newly enacted laws had not entirely resolved financial dependence issues.

The MCAs argued that County Assemblies still relied on County Treasuries to release funds, leaving them vulnerable to executive interference.

However, Mungatana dismissed these concerns, insisting the law was sufficient to guarantee financial independence if properly implemented.

“The law is okay. Even the Senate gets money from the National Treasury. You should use the law to compel the County Executive Committee Member for Finance to ensure money is disbursed on time,” he said.