A ferocious political storm has erupted between the Council of Governors and the Senate, threatening to paralyze service delivery in the counties over the oversight of billions in devolved funds.

The standoff centers on the aggressive new "County Oversight and Accountability Bill, 2024," championed by Narok Senator Ledama Olekina. The Bill seeks to entrench Senate oversight offices at the county level, a move governors describe as an unconstitutional overreach and a duplication of duties. Tensions reached a boiling point this week when governors threatened to boycott Senate summons, accusing the Upper House of turning accountability sessions into political witch-hunts. The Senate, in retaliation, has threatened to invoke Article 225 and withhold funds from non-compliant counties, a "nuclear option" that would halt salaries and essential services.

The Battle for Billions

At the heart of the conflict is control. Senators argue that the current mechanisms for tracking the use of billions sent to counties are porous, leading to massive pilferage. Senator Edwin Sifuna (Nairobi) and Senator Olekina argue that the new Bill is necessary to "capture what the courts have said" about the Senate's mandate. They want direct, on-the-ground monitoring of projects, bypassing the often compromised County Assemblies.

Governors, however, see this as a power grab. They argue that the Senate is attempting to micromanage county executives and usurp the role of MCAs. The threat to boycott hearings is a direct challenge to the Senate's constitutional authority. "We will not be summoned to Nairobi to be humiliated for political mileage," a source within the Council of Governors stated. The impasse leaves the Auditor General's reports—which have flagged massive irregularities—in limbo.

• The Weapon: The Senate Public Accounts Committee has vowed to order the Treasury to stop fund releases to counties whose governors snub summons.
• The Defense: Governors claim the Senate is ignoring the "sovereign will" of the people by trying to run counties by remote control from Nairobi.
• The Victim: The common wananchi stands to lose the most. If funds are frozen, hospitals will lack drugs, and garbage will pile up, turning a political tussle into a humanitarian crisis.

Constitutional brinkmanship

Legal experts warn that this tussle could trigger a constitutional crisis. The Supreme Court has previously ruled on the Senate's oversight powers, but the operationalization of those powers remains a minefield. Senator Olekina’s Bill proposes "County Halls" for public participation, effectively creating a parallel power structure to the Governor's office.

As the standoff deepens, the Treasury remains caught in the middle. With the Senate threatening to turn off the tap and governors threatening to shut down operations, the stage is set for a high-stakes showdown. The question remains: Is this about accountability, or is it about who holds the keys to the county coffers ahead of the 2027 election cycle?