MPS faulted on du­pli­ca­tion of func­tions by in­sti­tu­tions

Daily Nation (Kenya) - - NATIONAL NEWS - BY SAM KIPLAGAT

Par­lia­ment was yes­ter­day crit­i­cised for cre­at­ing struc­tures that end up du­pli­cat­ing func­tions that would oth­er­wise be car­ried out bet­ter by the na­tional or county gov­ern­ments.

Giv­ing an ex­pert opin­ion in the High Court yes­ter­day, Dr Mu­takha Kangu said with the coun­try hav­ing set­tled for de­vo­lu­tion, Kenyans should work to­wards strength­en­ing coun­ties to en­sure the sys­tem works bet­ter.

Dr Kangu said Par­lia­ment, in­stead, came up with the Na­tional Govern­ment Con­stituency De­vel­op­ment Fund (NGCDF), which he de­scribed as un­con­sti­tu­tional.

“Par­lia­ment has con­tin­ued to es­tab­lish funds out­side the frame­work of de­vo­lu­tion, bring­ing se­ri­ous ac­count­abil­ity ques­tions,” he said.

He added: “The big­gest threat to de­vo­lu­tion is fail­ure by both the na­tional and county gov­ern­ments to ap­pre­ci­ate and fully un­der­stand the con­cept of in­ter-gov­ern­men­tal re­la­tions,” he said.

He said he had no prob­lem with books bal­anc­ing but was con­cerned with whether Kenyans get value for money. “The very cre­ation of more struc­tures is un­nec­es­sary. It comes with more costs. Even with­out us­ing the coun­ties, the na­tional govern­ment can still ini­ti­ate projects through ex­ist­ing struc­tures such as line min­istries or the pro­vin­cial ad­min­is­tra­tion, among oth­ers,” he said.

Dr Kangu was giv­ing ev­i­dence in a case filed by Ms Wan­jiru Gikonyo and Mr Cor­nelius Oduor, who have chal­lenged the con­sti­tu­tion­al­ity of the NGCDF Act. The two ar­gue that the law es­tab­lish­ing the fund goes against the con­cept of di­vi­sion of func­tions and pub­lic fi­nance.

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