MPs, Senators meet with the express mission to clip governors’ powers and embarrass the Judiciary

Embattled Embu Governor Martin Nyaga Wambora (left in the pew) at Kerugoya High Court Monday during the inter parties hearing of the case he has filed against the impeachment process. [PHOTO: MUNENE KAMAU /STANDARD]

By GEOFFREY MOSOKU

NAIROBI, KENYA: Members of the National Assembly and senators hold a bi-partisan meeting Tuesday to refine their attack on governors for outshining them, claiming that the county chiefs are corrupt and wasteful.

The informal session, referred to in Parliamentary language as a Kamukunji, marks the convergence of interests between the two Houses that are also united by their outrage against recent court rulings touching on the governors.

A three-pronged assault on the county chiefs is likely to be discussed at the joint Kamukunji to be chaired by the two Speakers — Justin Muturi (National Assembly) and Ekwee Ethuro (Senate).

But some Coalition for Reform and Democracy (CORD) MPs are reluctant to back a proposal to slash funding for counties, a stand that may have prompted a compromise strategy to instead channel the additional funds to counties through the Constituency Development Fund (CDF).

MPs will also consider a proposal to vet judges they accuse of ‘judicial activism’ after rulings reinstating Embu Governor Martin Wambora and another suspending Senate summonses to nine governors.

The MPs also plan to fast track a Bill to strip governors of the trappings of power and another to install Senators as leaders of powerful county boards that will determine how funds are spent. A threat to slash the allocation to counties to the bare minimum of 15 per cent of the national revenue stipulated in the Constitution, down from the 33 per cent provided last year, is also on the cards.

MPs will fast forward the National Flag, Emblems and Names (Amendment) Bill (2013), to deny county chiefs privileges such as flying the national flag on their limousines and the title of ‘His Excellency’, and deprive Members of County Assembly the title of ‘Honourable’ (Mweshimiwa in Kiswahili).

The County Governments (Amendment) Bill now before the Senate seeks to establish County Development Boards in each county, chaired by Senators and within which governors sit as secretaries.

Bill proposal

Sponsored by Senator Stephen Sang, the Bill proposes that the boards are empowered to consider and adopt county annual budgets before they are tabled in the county assemblies for approval. It also proposes that the boards be responsible for the co-ordination and harmonisation of county development plans and projects.

Governors have opposed the arrangement that whittles down their powers over management of county affairs by virtue of their role as county chief executives.

The Judiciary will also come under fire with MPs indicating they would lobby President Uhuru Kenyatta not to appoint 25 new judges. MPs claim the Judicial Service Commission (JSC) meeting that recommended the appointments was improperly constituted, as it included six members who, at the time, had been suspended by the President.

Lawmakers will also discuss a proposal to amend the Vetting of Judges and Magistrates Act to ensure judicial officers employed after 2010, and who were exempted from the board’s scrutiny are vetted “to weed out judicial activism.”

Endebes MP Robert Pokoshe said Parliament would reduce the allocation to counties to the minimum 15 per cent since governors were not ready to be accountable.

“The Constitution provides for 15 per cent yet counties were given more than that last year which they don’t want to account for. The law provides that they are the chief executives and they are accountable to the Senate,” Pokoshe explained.

Kieni MP Kanini Kega warned that MPs were contemplating changing the law to take away money from governors to other quarters.

“We will consider amending the law to channel additional monies to devolved units through other channels like the CDF and youth funds while maintaining county allocation at 15 per cent,” Kega said.

Justice and Legal Affairs committee Chairman Samuel Chepkonga explained that MPs were planning to amend the Constitution to extend the mandate of the Judges and Magistrates Vetting Board, to transform it from a transitional body to a permanent commission like the Ethics and Anti-Corruption Commission.

Chepkonga said Parliament would work to give the board the mandate to handle complaints against individual judges, arguing the JSC cannot adjudicate complaints against colleagues yet half of the commissioners are judges.

“As currently constituted JSC cannot discipline judges and there is need to find an alternative body, which we will do by amending the Constitution.”

Complaint against CJ

Chepkonga cited a complaint by a member of the public against Chief Justice Willy Mutunga, which he said the JSC is yet to determine.

Baringo North MP William Cheptumo defended the timing of the joint kamukunji saying MPs as representatives of the people have the right to congregate informally and discuss issues of national importance.

Kitutu Chache South MP Richard Onyonka said that it appeared county chiefs had isolated other leaders and it was time the system was reviewed to check the excesses of governors.

Suna East MP Junet Mohamed (ODM), however, defended the Judiciary, saying that court orders must be obeyed if the country’s leadership believes in the rule of law.

Junet warned that the country risks plunging itself into anarchy when State organs engage in supremacy wars and openly defy the courts.

“I cannot support a situation where we are prompting impunity and abuse of the rule of law; we cannot afford to fight courts and have a stable country,” he added.

Leader of Minority Francis Nyenze also differed with his colleagues insisting that reducing allocation to counties would kill devolution.

Nyenze suggested the law should be applied to discipline errant governors who misappropriate funds.

Meru Governor Peter Munya also defended his colleagues.

“On the legislation of the County Government (Amendment) Bill, 2013 for the establishment of County Development Boards, if it is passed, we will challenge it in court. If the creation of county boards interferes with smooth operations of county governments, we will definitely challenge it,” said Munya

And Deputy President William Ruto tweeted: “On matters of accountability there is no, tribe, party or status. We must all be accountable to the people. Real power rests with the people.”