We are discharging our mandate well, says Speaker Ekwee Ethuro

Speaker of the Senate Ekwe Ethuro during an interview at his office. [PHOTO: BONIFACE OKENDO/Standard

KISUMU: Senate Speaker Ekwee Ethuro says senators are on the right path in discharging their mandate as protectors of counties. He says the Senate continues to offer guidance and stewardship on pertinent issues affecting devolution and possible threats. Mr Ethuro spoke to The Standard writer Roselyne Obala on a range of issues touching on devolution.

Q: How could you describe the Senate’s primary role as relates to Devolution?

The Senate legislates on bills concerning counties (under Article 109-103 of the Constitution) and determines the allocation of national revenue among counties (under Article 217), Division of Revenue Allocation and the County Allocation of Revenue bills and does oversight role of national revenue allocated to the county governments.

The Senate is also mandated to oversight State officers by considering and determining any resolution to remove the President or Deputy President from office (under Article 145) and impeachment of governors and their deputies.

Q: Are you satisfied with the performance of the Senate as the protector of devolution two years on?

So far, the Senate has done exemplary well despite institutional challenges in discharging its constitutional role.

Over the last 19 months, the Senate may rightly be understood and judged kindly, as having been at its infancy phase; setting in place the requisite service personnel, offices, infrastructure and every other necessary amenities to ensure that it delivers to the high expectations of Kenyans.

That stage has now come to an end and we must begin to be felt as active and assertive partners and real guardians of devolution.

We are now initiating high-impact legislation, carrying intensive oversight and representing our people in a manner that is seen to promote democratic, accountable and equitable development of Kenya.

The Senate recently passed an amendment to increase allocation to counties by Sh7.7 billion so that county governments are given adequate financial resources to help them build the requisite infrastructural support.

Q: County governments are facing numerous challenges, which include leadership wrangles, inadequate funding and lack of capacity. What has the Senate done to remedy the situation?

The House leadership has created a platform to critically review and address issues that pose as possible threats to the Senate and its work.

The Senate has a responsibility of ensuring challenges facing devolution are addressed through legislative intervention.

Our priority is to ensure that counties get adequate financial resources to help build the requisite infrastructural support for effective service delivery.

To achieve harmony and co-operation, the Senate has the responsibility of bringing the two levels of government together and ensure that the interests of the citizenry at the county level are incorporated into the county planning and budgeting processes.

As devolution unfolds, conflicts are bound to emerge especially between the national and county governments. And this is one area where the Senate has to come in and arbitrate. There have been cases of county assemblies falling out with the executive wing of the county governments, and in many cases the senators have been drawn in to end the conflict.

The Senate has also been questioning the overall management of national and county resources.

And these processes are not about to end soon. The recent cases of alleged poor governance and infighting witnessed in Embu, Uasin Gishu, Kisumu, Nakuru, Isiolo and lately Makueni counties are manifestations of unforeseen institutional turbulence that we must face up to and manage, without fear or favour.

We must exercise utmost sobriety and be guided by the law in dealing with such matters, and manage them without negating the primary goal of devolution.

Q: County governments have accused the National Assembly  of enacting laws that negate the spirit of devolution, what has the Senate done to ensure these laws are declared unconstitutional?

Senate has repeatedly pronounced itself on this matter, including indicating its intention of going to the Supreme Court to seek an advisory. The Senate should deliberate on bills touching on counties that have been passed by the National Assembly.

Article 110 (3) of the Constitution must be operationalised to ensure that the two houses agree on which one first introduces such bills. This will address the concerns raised by counties.

Q: What is the relationship between the Senate and other devolution stakeholders. The Senate has had challenges with the National Assembly, Judiciary and the National Executive over claims they are undermining its mandate.

It is true the Senate has had rough times with the National Assembly, Judiciary and other institutions in discharging its core mandate. These are teething problems any new institution face, but we are currently building good working relationships.

We have not abandoned the court option, we are giving dialogue a chance in most of our misunderstandings with other institutions. Some of these difference can be resolved through various existing inter-governmental organs, failure of which we explore the court option.

Q: What is the relationship between the Senate and the governors?

The Senate exercises oversight role of the national revenue allocated to the county governments. We are within the law to oversight funds, which we sent to the counties to ensure they are properly utilised.

Article 125 of the Constitution gives the Senate powers to invite anyone to answer to its queries, and governors are not excluded. We are only exercising our constitutional duty.

Continuous informal and formal interactive meetings between us are a must. We must engage and share ideas, give immediate and honest feedback on pressing and emerging issues.

Q: Are counties adequately funded in your view?

Funds can never be enough. However, institutions must operate within their budgets. As a House, we will strive to ensure county governments are adequately resourced so that service delivery at the counties is not disrupted.

Q: Governors have complained that some of their functions are usurped by the national government. Where is the Senate in all these?

The Senate has done a lot in this regard. At some point last year, the Committee on Devolved Government held public sittings in various counties to hear governor’s concerns. Senators have also held numerous consultative meetings with various stakeholders to ensure functions assigned to counties are not ploughed back. The Senate will continue to protect the counties’ interests and defeat any efforts to reverse the gains made so far.

Q: What is your position over the on-going controversy surrounding the multi-billion shillings procurement of medical equipment by the national government for county hospitals?

Governors are yet to officially petition the Senate on this matter, however, the concerned committee will look into the matter, since Health is a fully devolved function.

Q: Going forward, what has the Senate planned to ensure counties and their interests are protected?

I wish to emphasise that it is necessary and imperative that all arms of Government and independent institutions work together and harmoniously in the mutual interest and effort to ensure devolution succeeds.

Significant progress can be achieved through regular consultation and consensus building than by brinkmanship.

The Senate will remain in the forefront is advancing and protecting the interest of counties, including allocating sufficient funds to run county functions, resolve disputes and ensure laws passed are not negating the spirit of devolution.