Kenya: Alarmed by the operational challenges rocking the 47 county governments since they were constituted last year, 11 constitutional commissions have intervened to ensure counties close ranks with the Senate.
Last Friday, the chairpersons of the 11 commissions and independent offices met in Nairobi and agreed on a 15-point agenda to ensure devolution succeeds by cushioning gains achieved thus far.
The Standard on Sunday has exclusively established that top on the agenda was the need for increased protection of the interests of the counties by the Senate in line with Article 96 of the Constitution.
According to the Constitution, the Senate’s role is to protect interests of the counties and make laws by considering, debating and approving Bills on devolution.
The Senate also determines allocation of national revenue among counties and exercises oversight over national revenue allocated to the county governments.
Impeachment threats
Also of great concern to the commissions are the impeachment threats by Members of the County Assemblies (MCAs) against governors, which they fear threatens devolution.
“The Transition Authority (TA), which is the engine driving devolution, is keen to see governors given a chance to focus on nurturing these units. Where necessary, the authority has a duty to liaise with the Government in cushioning the governors from ill-motivated impeachment Motions driven by MCAs,” Kinuthia Wamwangi, the TA Chairman, told The Standard on Sunday.
Commission on Revenue Allocation (CRA) chair Michah Cheserem, Controller of Budget (COB) Agnes Odhiambo, Auditor–General Edward Ouko, Commission for the Implementation of the Constitution (CIC) Chairman Charles Nyachae and Salaries and Remuneration Commission’s Sarah Serem, attended the meeting.
Ethics and Anti-Corruption Commission (EACC) chair Mumo Matemu, Margaret Kobia of the Public Service Commission (PSC), Winfred Lichuma of the National Gender and Equality Commission (NGEC) and the Commission for Administration of Justice chairperson Otiende Amollo were also present.
Foreign travel
After Friday’s deliberations, TA proposed a retreat of the 47 governors and all members of the Senate be held as a follow up to ensure seamless relations between the counties and the House of Parliament.
“The retreat will be in a few days, but it’s the Senate to decide the venue and exact dates after we have refined all the issues we touched on in our Friday agenda,” Wamwangi said.
Earlier in the year, Council of Governors (COG) Chairman Isaac Ruto claimed 12 governors were being targeted for impeachment. Those whose impeachment motions have reached the Senate so far include Martin Wambora (Embu) and Paul Chepkwony (Kericho) whom the Senate ‘saved’. The Senate ratified Wambora’s impeachment but cleared Chepkwony.
The commissions’ chiefs also discussed the need to end supremacy wars between senators and MPs, senators and governors, and county executives and county assemblies.
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In its fourth agenda, the commissioners discussed the need for the counties to adhere to budget ceilings in the 2014/15 financial year and the need for the county governments to stop excessive staff employment by county assemblies and executives.
The meeting demanded that MCAs reduce expenditure on foreign travel and sitting and mileage allowances.
It also discouraged the creation of funds by county assemblies and the opening of offices by MCAs. Already, the government has moved to control foreign travels by the MCAs, something that has not gone down well with most of them.
The heads of the independent commissions also discussed the functions of both the national and county governments. They agreed that counties be refrained from spending on functions of the national government, especially security.
Transfer of assets and liabilities, civic education, and the Equalisation Fund were also deliberated on during the meeting.
Revenue sharing
Fourteen of the 47 counties will this financial year benefit from the Sh3.4 billion set aside for the Equalisation Fund by Treasury Cabinet Secretary Henry Rotich.
The fund is meant for marginalised counties still lagging behind in development and which have high levels of poverty.
Further, the commissions’ bosses discussed necessary legislative amendments on devolution, equitable sharing of revenue between counties and staff rationalisation in the devolved units.
Some of the amendments that have been pushed already, especially by governors, include the need to increase revenue allocations to counties from 15 per cent to 40 per cent.
The government allocated Sh226 billion to the counties in the 2014/15 budget. The revenue allocation formula to counties for the next three financial years, beginning this year, is unlikely to be heavily amended by the Senate despite the ongoing collection of views from the Public by the Commission on Revenue Allocation (CRA).
The current formula was developed by the 10th Parliament before the inception of the Senate.
“We are unlikely to have fundamental changes on the current formula. I know there have been issues raised especially on the population factor but its not true counties with the highest population receive the highest allocations,” Senate Finance Committee Chairman Billow Kerrow said separately.
The commissions’ bosses also discussed the need to merge public service boards in the counties and how to ensure SRC guidelines on per diems and allowances are followed in the counties.
The meeting demanded the strict enforcement of circulars from the commissions and independent offices by county governments.
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