Why County Commissioners, PCs and Governors face clash

Garissa Governor NathifJama Adam (centre) is sworn-in by Justice Stella Mutuku.
The swearing-in of governors has set the stage for devolution rollout.
[PHOTO: ABDIKADIR SUGOW/STANDARD]

By Jacob Ng’etich

Nairobi,KENYA: After the swearing-in of governors on Wednesday, the stage is set for a delicate balancing act between roles of the national and county governments as the Provincial Administration loses its colour.

On Thursday last week, most county representatives and Speakers of the County Assemblies took oath of office, bringing close to reality county governments.

However, there will be incessant struggles between the two centres of power in the counties, as each strives to execute their roles.

In some counties, the war began with the office space and housing of the Governors, pointing at a minefield of conflict between the Governor and County Commissioner.

On Thursday, the Office of the President warned Governors against taking over offices and houses owned by the Provincial Administration in what appears to an attempt to tone down potential conflict.

The Act that created County Commissioners was among the last laws passed by the Tenth Parliament before its dissolution.

The National Government Coordination Act caters for the commissioners as it allows the Public Service Commission to recruit “any other national government administrative officer” to the counties.

No reprieve

The situation is not helped by the fact the current PCs will be retained in the devolved government structure as regional representatives to coordinate national government activities in a group of counties, according to Internal Security and Provincial Administration PS Mutea Iringo.

Chiefs and their assistants will retain their roles as the rest of the Provincial Administration system is gradually restructured and aligned to the devolved arrangement.

This brings back the previous Provincial Administration and is likely to frustrate the county chief executives who enjoy the mandate of the electorate.

The roles of the County Commissioner according to Dismas Mokua, political analyst and vice -president of Sadiki East Africa, are clear and unless there was an overbearing county commissioner or Governor then there will be a harmonious working relationship.

“What will bring conflict is when the Governor thinks since he was elected by the people he has a bigger mandate, or when the County Commissioner thinks since he was sent from Nairobi he has more say,” says Mokua.

He says for county governments to take shape, key county officials should undergo training on their responsibilities.

“They should also hold regular meetings to ensure smooth sailing service delivery,” he says.

Baringo Governor-Elect Benjamin Cheboi says there will be a real need for the two governments to work closely to realise fruits of devolution. “As Governors, we come from the local counties and understand underlying issues affecting them and therefore the national government will have to work closely with us to ensure better services for Kenyans,” he says.

Transition Authority Chairman Kinuthia Wamwangi says the roles of the two are distinct and the possibility of conflict is speculative.

“The Governor has his responsibilities while Commissioner of the County also enjoys his and therefore unless one tries to take over the roles of the other, no conflicts will exist,” he says.

Late last week, while addressing Governors-elect allied to Coalition for Reforms and Democracy (CORD), Prime Minister Raila Odinga urged them to guard jealously gains of devolution lest they are frustrated by ‘non-reformers’.

The Prime Minister says the Constitution stipulates that the counties are independent and no need for another parallel system of power.

“The Act that brings to office the County Commissioners is unconstitutional. It was hastily passed by a few MPs and the commissioners were already causing friction in the new dispensation,” the PM said. Recently, Nakuru County Commissioner Amos Gathecha while addressing journalists, pledged not to interfere with the county government.

He, however, immediately indicated he was not going to serve under the county government, claiming the Constitution was clear on the role of a county government.

Fourth Schedule

Mr Gathecha said the Fourth Schedule states that the Central Government has 35 policies to run while the Governor has 14 responsibilities at county level raising a view by a number of County Commissioners that the County government was inferior with fewer responsibilities.

“Many people are saying the Commissioners will be under the county government but the Constitution has outlined the work of commissioners, he will operate under the central government and oversee implementation of Government policies at county level,” said Gathecha.

In Nandi County for instance, the two centres of power have started clashing on housing with the Governor asking the Commissioner to leave the residence for the new County leadership.

Governor Cleophas Lagat wants County Commissioner Matilda Waswa to vacate the former DC’s house and other office facilities for the County Government.

The same scenario emerged in Taita Taveta County where Governor John Mruttu insisted he should occupy the house that was used by the area District Commissioner in Voi. Mr Wamwangi said responsibilities of the national government include foreign affairs, Immigration and citizenship, national defence and the police services.

“Others are national economic policy and planning the construction and operation of national trunk roads, Education policy, including the running of universities, tertiary educational institutions and other institutions of research and higher learning and primary schools, special education, secondary schools and special education institutions,” said Wamwangi.

“They will also run the national referral health facilities, health, agricultural and veterinary policy while the County government will be agriculture, County health services, cultural activities, public entertainment and public amenities County transport,” he added.

Other roles for the governor in the County include, the management of Pre-primary education, village polytechnics, home craft centres and the implementation of specific national government policies on natural resources and environmental conservation.