Why one may not be mayor soon without varsity degree

By Mutinda Mwanzia and Beauttah Omanga

The Government has published a Bill that seeks to radically reform the management of local authorities countywide and create powerful executive Mayors.

In the proposed laws, Mayors would be the chief executive officers of the councils unlike today when Town Clerks hold the powerful position.

If Parliament adopts the Bill, to be a Mayor one will have to be a holder of a degree from a recognised university. The civic leaders whose academic levels are below Form Four may as well call it quits should the Bill be enacted.

Minister for Local Government Mr Musalia Mudavadi.

Mayors will guide the day-to-day running of councils while Mayors of Metropolitan Cities like Nairobi will supervise sub-councils under them. In the far-reaching proposals, the chairpersons of county councils and councillors will be elected directly by voters residing in the council to serve a five-years term as opposed to the current situation where they are elected by councillors for a two-year period that is renewable.

The tough requirements are contained in the Local Government Amendment Bill 2009, published by Deputy Prime minister and Minister for Local Government Mr Musalia Mudavadi.

Deputy mayors will be elected by councillors as has been the practice and will remain in office until a successor is elected after the successive election.

He or she will automatically be the Chairman of the Finance Committee. The proposed Bill provides for establishment of Metropolitan Councils and sub-councils.

Advisory team

The DPM also seeks to create the Local Authorities Advisory Commission to advise the minister on establishment, dissolution, delineation and levels of remuneration of officers and councillors.

The proposed law may see the amalgamation of very many local authorities that have failed to meet financial obligations and to generate enough revenue to sustain themselves.

The era of councillors who could barely read or write could be ending. To be a councillor one will have to be a holder of a Kenya Certificate of Secondary Education.

It also proposes all local authorities establish a disaster management department for its jurisdiction. The Bill states the disaster management office, "shall co-ordinate issues concerning disasters and disaster management in the local authority and serve as a depository and conduit for information concerning disasters, impending disasters and disaster management in the local authority.

The proposed office will also act as an advisory and consultative body for organs of state, the private sector, non-governmental organisations, communities and individuals on issues concerning disasters and disaster management in a given area.

It will also be expected to initiate and facilitate efforts to make funds available for disaster management and whenever it deems its appropriate, periodically carry out sporadic checks on business premises, public places, markets or hotels, on disaster preparedness, response capacity and availability of serviceable equipment.

The body will also regulate business premise owners, occupiers or traders through issuance of licenses, permits or certificate of due compliance with disaster preparedness standards, as the local authority may prescribe from time to time in any by-law.

It will also be required to ensure strict compliance by owners or occupiers of business premises and other traders with any by-law made by the local authority relating to disaster management and to recommend prosecution of defaulters in accordance with any by-law imposed by the local authority.

The disaster department will also conduct training, sensitisation programmes capacity-building and induction programmes for disaster management to institution, businesspersons, traders or workers.

The Bill gives the department authority to engage in any lawful activity in the area of the local authority, whether alone or together with any other organisation aimed at promoting its objectives.

Development plan

It shall also perform its functions subject to the local authority’s development plan and other policy directions of the local authority acting within the National Disaster Management framework.

Upon occurrence or threatened occurrence of disaster in the area of the local authority, the disaster management office shall assess the magnitude and severity or potential of the same; inform the mayor and clerk for action.

They will also have to alert the disaster management role players within the locality who may be in any assistance in the circumstances.

It seeks to give the clerk and the mayor powers to direct intervention in any impending disasters through council resources and also control occupancy of endangered premises.

The department, if the Bill is passed, will have powers to suspend or limit the sale, dispensing or transportation of alcoholic beverages in a disaster-stricken or threatened area. Also, the clerk will be required to use his office to provide relief to the affected public.

It will require each local authority to have its own disaster management plan ready and submit a copy to the minister and that the disaster management office shall be required to present an annual report of its activities to the mayor through the clerk to the authority.

 

Read all about: town clerk Local Government Amendment Bill 2009 Minister for Local Government Musalia Mudavadi coincillors

 

 

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