You are on your own, MPs tell senators on anti-governors plot

                                                   Parliament                  PHOTO: COURTESY

By ALPHONCE SHIUNDU, MOSES NJAGIH and GEOFFREY MOSOKU

Kenya: A mixture of self-preservation, legal unease, future political ambitions and raw pride has compelled MPs to ‘divorce’ Senators.

In less than a fortnight after members of the bicameral Parliament met and agreed to jointly ‘fight’ Governors, the MPs say they will not be involved in any attempt to micromanage the counties.

The MPs have read the fine-print in the County Governments (Amendment) Bill and in the National Flag, Emblems and Names (Amendment) Bill, and thus they see the two Bills as an attempt by the Senate to exploit the bad blood between MPs and the Governors to get more powers.

Majority Leader Aden Duale, together with MPs Junet Mohammed (Suna East), Robert Pukose (Endebess) Nicholas Gumbo (Rarieda), John Mbadi (Suba), Millie Mabona (Mbita) are among the lawmakers who believe that it is a “waste of time” for the National Assembly to debate Bills that set out protocol issues at a time when there is rampant insecurity, corruption, tribalism, and biting inflation.

The MPs also know that in future, they will want to vie to be Governors, and they do not want to water down the powers, just in case they make it and find a powerless office but with a huge mandate in the counties.

Budget concerns

Controller of Budget Agnes Odhiambo is also said to have explicitly warned that she will only disburse funds if the money will be used by the County Executives, and not by any other elected leaders.

MPs are also said to have beaten a hasty retreat following fears of a backlash against them at the constituencies as Governors embarked on grassroots campaign and branded them enemies of devolution.

This was seen as an extension of a war that had been began by Bomet Governor Isaac Ruto, who has been on the war path with Deputy President William Ruto, whom he has frequently accused of plotting to kill devolution.

Besides, there are valid constitutional questions regarding the legality of the clauses in the two Bills: If patriotism is a national value, and the flag a symbol used to show sovereignty of a country, why stop county leaders from the flying the flag? The role of Parliament is legislation, representation and oversight? What will the MP be doing in a board whose proposed job is to approve budgets in the counties?

The National Assembly, especially the Opposition, does not want to be seen as fighting Governors, with the intent of killing devolution of power and resources after 50 years of centralised ruling. The MPs read mischief that Senators seek to set up County Public Service Board, in which they (Senators) will be the bosses, and Governors will be consigned to be mere secretaries. They say, it will be unconstitutional for members of the legislature to sit in a board that will effectively limit the Governors’ job.

“The Constitution and the Act already give the Governors the job to consult on county development. In my view, these are things you don’t even need regulations for you to do them. Circulars alone will be efficient. Why should we make laws about that? Why can’t we allow Governors to do their job,” Gumbo told The Standard on Sunday, yesterday.

Speaking just a day after he opposed the matter on the floor of the House, the Rarieda MP added that if senators succeed in getting the two laws enacted, “they will entrench themselves as the Upper House”.

 “That law is nothing more than an attempt to settle the petty dogfights between Senators and Governors,” said Gumbo on the County Governments (Amendment) Bill.

Packets of sweets

He said MPs had just been included in the boards to make them vote for the Bill. “These are packets of sweets being thrown at us. It is some sort of local anesthesia that Senators are giving MPs to back their mischief. I will not and I cannot support that,” said Gumbo.

For others like Mohammed and Mabona, the two laws will just end up in court on grounds of unconstitutionality. Mohammed, the Suna East MP, insisted there was no point in limiting the use of national flags, or even to force governors to spend money on directions by some board. “It is not the responsibility of the legislators at the national level to make budgets in the counties. Article 176 of the Constitution is very clear: Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so. Why do we want to limit the powers of the governors through a law?” posed Mohammed. “If we attempt to do that, we will be giving ourselves powers that we don’t have,” he added.

The MP added that the flag was a symbol of unity  and Governors have to be allowed to fly miniature versions on the bonnets of their cars.

“We want to bring our country together. We have 47 county governments within a unitary State. The flag is a symbol of unity. We should not relegate Governors to the status of former mayors. They are not cultural ambassadors; governors are chief executives of the counties with authority drawn from the Constitution,” Mohammed told The Standard on Sunday.

The MPs now claim they realised an ill motive from the Senators who wanted to use them to ‘fight their war with Governors’.

Endebess MP Robert Pukose said that as much as the idea to create county development funds was welcome, creating more boards at the constituency and ward level was unworkable.

“We will not accept to be used by senators who have scores to settle with governors,” Pukose said.