History beckons as team starts hearings on Makueni County

Makueni Governor Kivutha Kibwana.

The Commission of Inquiry into the petition to suspend the Makueni County Government starts its public hearings this Thursday.

Though it has a six-month time frame to conclude its work, chairman Mohammed Nyaoga said he is sure they will present their report to the appointing authority within two months.

The commission is expected to determine the grounds raised by the Makueni electorate who petitioned for the county’s dissolution. If it finds the grounds strong enough as per Article 192 of the Constitution, then it will recommend dissolution of the county government and report the same to the President.

“The petition is clear on grounds, and we will only be seeking views from public on whether those grounds merit. We are adequately enabled and we do not have any capacity problem whether financial or human resource in nature to perform this work,” said Mr Nyaoga.

The petitioners will be required to give evidence in support of the petition. Some 50,826 residents petitioned the President over the dissolution of the county. The petitioners argued that MCAs are corrupt and are making it difficult for the county government to operate.

“We have developed our rules of procedure to guide our public hearings when we start on Thursday at the Kenyatta International Convention Centre (KICC), ground floor. How long the hearings will be taking per day is also something to be decided on Thursday. The rules are tailored along the Commission of Inquiry Act,” said Nyaoga.

Representatives from National institutions such as the Commission for Revenue Allocation (CRA), Office of Controller of Budget, Salaries and Remuneration Commission (SRC) and Commission for the Implementation of the Constitution (CIC) may also testify where need arises.

Should the six-member commission uphold the allegations against the troubled Makueni county government, and the same position agreed upon by the President and Senate, then the County government will become the first under the new constitutional dispensation to be suspended and placed under an Interim County Management Board.

Thrown out

The county would also become the first to have all its elected leaders thrown out. Other counties have been experiencing wrangles but not to the magnitude of what Makueni has gone through right after the March 2013 elections.

Impeachment attempts have been made in Embu and Kericho counties. At one time, the Council of Governors Chairman Isaac Ruto had claimed that 12 governors had been targeted for impeachment, with wrangles being fuelled in their background by powerful forces in Government.

Nyaoga said Governor Kibwana, MCAs, county executive members and other county employee are also free to testify. He said his commission will make an impartial decision, and one based on evidence before it.

Other members of the commission are Police Service Commission Chairman Johnston Kavuludi, former Mombasa Mayor Taib Ali, Emily Gatuguta, Harrison Maithya and Alice Wairimu. Apart from the KICC sittings, Nyaoga said the commission will also move around selected market centres across Makueni to collect views before compiling its report.

“Hearings will be oral and written memorandums and those testifying orally have to do so under oath. Our rules also allow recalling of those who have already testified to come back and do so if need arises,” said Nyaoga.

He said the sittings will be open to public and media, and those to testify orally will also have to be cross-examined by lawyers representing several other interests, if such lawyers request so. The chairman further said security has been beefed-up.

“After the two months when we hand over the report to President Kenyatta, it will now be upon the President and the Senate to determine the county’s fate, because we will have performed our part,” he said.

After the President receives the report, he will commit the same report again to Senate for concurrence and once the House gives its nod, then the county administration will be dissolved.

Before setting up of the Commission, President Kenyatta had urged Makueni residents and the county government to explore all avenues of reconciliation “so that we do not set a trend that destabilises counties”. But Kibwana said all attempts at peace had failed and the people of Makueni “should be given an opportunity to elect a county government of their choice”.