Brawls and betrayal: How devolution has turned into street fight

Devolution is at a crossroads. Senators and governors are at each other’s throats. A dearth of leadership has seen senators exchange blows with a governor they deem errant in public. On one hand, the Speaker of the Senate has issued an arrest warrant for Samburu Governor Lati Lelelit, while on the other, the governor is asking police to arrest senators for assault.

As this spectacle unfolds, accountability takes a back seat, devolution suffers body blows and leaders make fools of themselves. All the while, President William Ruto has chosen to bury his head in the sand in the name of the separation of powers.

For several months now, the relationship between senators and governors has been strained, a situation attributed to claims of evasion of accountability in some counties.

From what senators describe as wanton misuse of public funds and overzealous spending, which they say put devolution at risk, to governors accusing them of extortion and, at times, failing to appear before Senate oversight committees, the standoff has deepened.

But it is the drama witnessed on Wednesday, when Mr Lelelit appeared in Parliament, that has stretched the issue to unprecedented levels.

An altercation was reported between him and several senators, with the governor terming it a “criminal offence” for which legal action will be pursued.

“I respect the Senate, but I will be moving to court to sue the three senators over their conduct. I will be filing assault charges against them. Unfortunately, they chose to harass me and demean the stature of the Senate,” the governor said.

Questions are now emerging on whether the strained relations between senators and governors could lead to some counties grinding to a halt, ultimately interfering with service delivery, as recommendations emerge that no funds should be disbursed to counties that have failed to comply.

Senators expressed outrage over what they described as increasing defiance by governors summoned to account for public funds.

Led by Nandi Senator Samson Cherargei, they interrupted normal proceedings on Wednesday and turned focus to the Division of Revenue Bill, 2026, which determines how nationally raised revenue is shared between the national and county governments.

“We need your guidance. Is it for this House to proceed with allocating resources to governors who have failed and shown impunity in accounting for public funds?” Cherargei posed.

He warned that passing the Bill under such circumstances would amount to endorsing corruption and impunity at the county level, adding that doing so would make them complicit in the misuse of public resources.

His remarks were supported by several senators, who also called for the suspension of the Bill until governors comply with accountability requirements and honour Senate summonses.

Nairobi Senator Edwin Sifuna said the House had resolved that no funds would be disbursed to counties until the 29 ‘notorious’ governors appear before the Senate to account for previously allocated resources.

Governors’ games

“In my understanding of a decision made by this House on Wednesday, we are not sending a single coin, regardless of the instrument, to some of these governors. These games being played by governors must come to an end. As a member of the County Public Accounts Committee (CPAC), we presented our report on the Auditor-General’s findings regarding the financial statements of various county executives for the year ended June 30, 2025,” Mr Sifuna said.

He added: “We agreed that if we are to confront the challenges facing devolution, that effort must begin in Nairobi, as the report clearly outlines the grounds for recommending firm and far-reaching measures against the Nairobi County Government. I am encouraged that CPAC resolved to forward these reports to the relevant law enforcement agencies for appropriate action.”

On Wednesday, Vihiga Senator Godfrey Osotsi said there was a need to explore ways of having governors appear before the Committee of the Whole House instead of just two Senate committees.

Mr Osotsi, who also chairs the Senate County Public Investments Committee, said it had become tedious chairing the committees as it “looks like a ritual, with the same queries raised every year and nothing being done”.

“If you look at the reports of PAC and PIC, you realise that 90 per cent of the recommendations are for EACC to investigate and take action. But EACC has slept on the job. You look at last year’s report and even the previous one; there is no feedback. So, even as we talk about governors appearing before us, let us also find a way of making EACC accountable to this House.

“Look at the amount of non-recoverable loans. You will be surprised that it is running into billions of shillings. This House should also conduct ratings for governors so that every year, we have a list of shame. EACC is protecting governors. The other institution protecting governors is the Presidency,” said Osotsi.

However, Council of Governors (CoG) chairperson Ahmed Abdullahi condemned what he described as the “shocking assault” of Lelelit by senators, saying violence against a governor in the discharge of constitutional duty is an affront to public office, a violation of constitutional order and a dangerous attack on democratic governance.

He said leadership must at all times be exercised with restraint, respect and fidelity to the rule of law, and called for immediate action to uphold justice, protect institutional integrity and safeguard the constitutional rights of all leaders.

“Such conduct must be rejected unequivocally. We urge the Speaker of the Senate to condemn the senators involved and expedite mechanisms for the speedy resolution of the concerns raised by CoG against some members of the County Public Accounts Committee. We hold that the violent conduct against the governor of Samburu constitutes a criminal offence for which legal action will be pursued,” he said in a statement.

Hooliganism

The CoG said the incident “demonstrated hooliganism that demeans the dignity of the office of governor and strikes at the heart of constitutionalism and the rule of law.”

Governors insisted that the Senate, as an august House, is mandated to protect county interests and has lawful means of enforcing its oversight role in line with the Constitution and Senate Standing Orders.

“It is disheartening that this very House has resorted to witch-hunting, harassment, violence and intimidation. At a time when intergovernmental relations demand dialogue and mutual respect, such actions reflect a dangerous erosion of democratic norms and public trust,” Mr Abdullahi said.

The Samburu incident came just days after police officers camped outside City Hall, which houses Nairobi Governor Johnson Sakaja’s office, to arrest him for failing to honour a Senate summons.

Sakaja later appeared before the Senate, explaining that his initial failure to appear before CPAC was in line with a directive from CoG urging governors to boycott summonses over alleged extortion by some senators.

“I came to the Senate to meet the leadership and members of the committee. First, I am a law-abiding citizen. I have spoken to the Speaker of the Senate, the Chair of the Council of Governors, and my fellow governors. We need to resolve these issues so that we can be held accountable as required by the Senate,” Sakaja said.

The Senate’s CPAC report on the Auditor-General’s findings for the 2024/25 financial year identified pervasive and systemic fiduciary risks across counties, pointing to fundamental weaknesses in financial governance and internal controls.

The findings underscore a huge departure from the principles of public finance enshrined in Article 201 of the Constitution, which demands openness, accountability and prudent use of public funds.

CPAC chairperson and Homa Bay Senator Moses Kajwang said there was a pattern of recurrent issues threatening the stability and developmental objectives of county governments.

“A majority of county executives were in breach of Section 62 of the Public Audit Act, 2015, by failing to submit or delaying the submission of essential documents to the Auditor-General. This contravenes Article 232(1)(b) of the Constitution on efficient and transparent service delivery. Further, poor record management, including failure to maintain updated fixed asset registers and inaccurate financial reporting, makes it impossible to ascertain the true financial position of these entities and exposes public assets to loss, waste and misuse,” the report states.

Counties were also found to be in breach of fiscal responsibility principles, with senators warning that a persistent and unsustainable wage bill remains a grave concern, as many counties exceed the 35 per cent threshold of total revenue on employee costs.

“This fiscal indiscipline crowds out development expenditure and undermines the objects of devolution under Article 174 of the Constitution. Further, the accumulation of massive pending bills — some dating back years — violates regulations requiring debt servicing to take priority. This has crippled local economies and burdened service providers,” the report states.

At the same time, numerous projects across counties were found to be stalled, incomplete or not operational despite significant expenditure, reflecting inefficiency and poor resource management.

CPAC said its findings paint a picture of a governance system under significant strain.

“The Committee is of the firm view that without urgent and decisive action to enforce accountability, surcharge culpable officers and strengthen internal controls, the financial stability and developmental goals of county governments will remain under serious threat,” the report states.

Two weeks ago, Abdullahi led CoG in presenting a memorandum on the Division of Revenue Bill, 2026, before the Senate Standing Committee on Finance and Budget, underscoring the Senate’s role in protecting county interests and ensuring equitable resource allocation.

While the Senate and the Commission on Revenue Allocation recommended Sh454.74 billion and Sh458.94 billion respectively as equitable share for counties in the 2026/27 financial year, county governments have proposed Sh534.96 billion to meet emerging obligations, including revenue growth adjustments, transition of UHC workers, remuneration reviews and phased transfer of additional devolved functions.

The Council also indicated it would pursue legal avenues to secure the release of Sh64 billion owed to counties under the Equalisation Fund.

To function optimally, counties require adequate and predictable financing. The CoG proposal of Sh534.96 billion, it argues, would enable county governments to meet key obligations in health, remuneration and other devolved functions.