Senate kicks off plot to amend law in bid to guard devolution

Senate Speaker Ekwe Ethuro.

The Senate will this Tuesday name members of the proposed select committee, to prepare and submit a report and a Bill to amend the Constitution. The Senate has kicked off the process to amend the law to safeguard the independence of devolved structures.

The senators Saturday stressed that the success of devolution lies in strengthening the constitutional institutions and vowed not to back down on the process, which will guarantee the prosperity of devolved units from external and internal threats.

In a joint communiqué read by Majority leader Kithure Kindiki (Tharaka Nithi), flanked by his colleagues, the senators took cognizant of the consistent attempts to undermine institutions charged with implementing devolution.

“Following the House resolution last week, a select committee shall be formed on Tuesday, June 23 to prepare and submit a report. The committee will come up with a legislation to the House on the legal and constitutional amendments to safeguard the institutions critical devolution,” said Prof Kindiki. He continued, “The success of devolution requires a strong Senate and county governments independent of any threat.”

Kindiki also promised Kenyans: “We assure Kenyans that we will resist such attempts to undermine devolution by resisting such maneuvers. We are going to use all means necessary to ensure devolution is achieved. The Majority leader stressed that the Senate will not relent but ensure all devolution institutions are protected in order to perform their roles without interference or intimidation from any quarters whatsoever."

“The journey has begun and there is no looking back. Anybody who turns back, shall turn into ‘salt’ as was the case with lot’s wife in the bible,” said Kindiki, in reference to the Senate’s resolve to remain relevant in asserting authority of the Senate.

The Senate’s unanimous decision comes in the backdrop of the resolution last Monday during a special to push for a referendum to settle sibling rivalry with the National Assembly.

Speaker Ekwee Ethuro also concurred there is need for a constitutional amendment to ensure Senate and other institutional roles are clearly defined.

Coincidentally, governors will also be meeting on Tuesday to adopt the fine tuned version of their Constitution of Kenya, amendment Bill, 2010, which all backs a strong Senate. The Senate also concurred there is need to urgently engage the National Government on the financing of the Transition Authority to enable it complete its pending tasks as mandated by law.

TA chairman petitioned the Senate over inadequate funding to discharge the authority’s duties, as well as audit county assets and liabilities and transfer pending functions held by the Government and State corporations. “The Senate appreciates the efforts of TA towards full transition to the system of devolved Government, notwithstanding being starved of funds by the National Treasury and the National Assembly,” said Kindiki.

He continued, “A lot still needs to be done to ensure effective transition to devolved Government.”

The Senate committee on finance and that on legal affairs will be summoning National Treasury Cabinet Secretary Henry Rotich and his Devolution counterpart Ann waiguru to discuss the issue raised by TA, particularly the financing and way forward.