DP William Ruto, governors meeting fails to end devolution of roads stalemate

Deputy President William Ruto, with governors and Kenya School of Government (KSG) Director General Ludeki Chweya during the 3rd Session of the Intergovernmental Budget and Economic Council at KSG in Nairobi. [PHOTO: JENNIPHER WACHIE/STANDARD]

NAIROBI: A meeting between Deputy President William Ruto and governors failed to yield an agreement on the disputed devolution of roads, a function allocated billions of shillings.

The stalemate over the function's transfer to the counties has persisted 19 months into the Jubilee administration. Governors have protested the delay in roads classification and equipment transfer by the national government, despite Senate endorsing the process.

Wednesday, during the third Intergovernmental Budget Executive Council (IBEC) meeting chaired by Ruto, Council of Governors (CoG) vice chairman Salim Mvurya said the matter has not been fully resolved.

"We are currently under mediation process and there will be a meeting after the IBEC one to fast-track the process," said Kwale Governor Mvurya of the meeting at the Kenya School of Government in Nairobi.

The DP also agreed that the issue is of concern and the Government is engaging the various stakeholders to end the stalemate. "There are hitches in the devolution process. However, in regards to the transfer of equipment, we have agreed with the Transition Authority (TA) that we share them so 80 per cent be transferred to counties while the Government retains 20 per cent," Ruto said.

He continued: '"We managed to persuade TA and in two weeks, counties will get the equipment. This will improve road networks in counties."

On the classification of roads, the DP called for more consultations and advised the governors to explore other avenues, as this would eliminate unnecessary legal battles. "We have ventilated on this matter and the Roads Bill might be discussed in the Cabinet meeting next week. We have discussed this matter extensively and agreed that TA will gazette the 160,000km of roads, of which 120,000km will be under the county governments, while 40,000km with the national government," he said.

Ruto told the governors the Bill has been discussed by the parliamentary committees and would soon be tabled in Parliament for consideration.

The DP spoke even as governors protested a letter by Attorney General Githu Muigai that indicated a report approved by the Senate, which was authored by the Devolution committee and that endorsed transfer of roads, could not be implemented.

"As you are aware, the statutory regime concerning roads is still in place and a structural framework is still functioning. They include such agencies as Kenya National Highways Authority, Kenya Rural Roads Authority, Kenya Urban Roads Authority, Kenya Wildlife Service and Kenya Forest Service," stated Prof Githu in a letter to Senate Speaker Ekwe Ethuro.

It is copied to Cabinet secretaries Michael Kamau (Transport), Ann Waiguru (Devolution), TA Chairperson Kinuthia Wamwangi and CoG Chairperson Isaac Ruto. Githu faulted the Senate saying the report went contrary to Article 47 of the law, which relates to fair administrative action.

The governors are angered by the AG's position that challenges the transfer of class D, E and unclassified roads to counties.

The county chiefs, led by CoG roads committee chairman Jackson Mandago (Uasin Gishu) have lamented  the letter questions the logic of other functions' transfer and proposes that discussions should have taken place to assess the capacity of county governments to manage them.

But Ruto simply advised the governors to identify the said classified roads. "Which specific roads are class A, B or C? That is what the AG says must be done before devolving roads. This is what the Roads ministry has been told to do and will be incorporated in the impending legislation," the DP told the governors.

Nevertheless, Ruto applauded the county governments' achievements, even with the numerous hurdles. "We now have a full-fledged devolved system of governance," he said singling out health, agriculture and education as some of the functions the counties have managed well.

GHOST WORKERS

"The management of the health sector for the first time has changed. We have a clear accountability mechanism with a clear roster for doctors, nurses and technicians," he said. "The devolution of the health function has eliminated ghost workers and ensured employees actually do their job."

The DP further announced the Government is in the process of developing a borrowing framework for loans and grants. "The loans will be for infrastructure as the shareable resources are not adequate for the functions. However, there must be prudent use of funds, this is an international best practice," he cautioned.

Also present at the meeting were deputy Speaker Kembi Gitura, Treasury CS Henry Rotich and chairpersons of commissions and independent offices. Kembi faulted the IBEC for excluding Senate representation in the meeting saying it plays an important role in devolution.