Nyaoga-led commission enters the final lap in Makueni probe

The commission established by President Uhuru Kenyatta to probe a petition seeking to dissolve the Makueni County government is writing a preliminary report after completing 80 per cent of its work.

This was announced by the chairman, Mr Mohamed Nyaoga, before the commission took a break on June 12 to compile a report. Nyaoga directed lawyers for different parties to prepare their final submissions before the commission resumes.

The enormity of the task about whether or not to recommend the suspension of the county government  lies squarely on the shoulders of Nyaoga and commissioners Taib Ali Taib, Alice Wairimu, Johnston Kavuludi, Emily Gatuguta and Prof Harrison Maithya.

After sitting for more than a month in Wote listening to accounts of the disputes within the county government, Nyaoga said the commission had established “personal and institutional differences” between Governor Kivutha Kibwana and Assembly Speaker Stephen Ngelu, as well as the executive and the county assembly. “As we make our report, we will be addressing ourselves to these differences and how best to resolve them,” Nyaoga said.

Public views

He said the commission is only waiting to gather views from the public when it resumes its proceedings. Mr Ngelu has told the commission there were “personal differences” between himself and the governor, which he said did not merit the dissolution of the county government.

The Speaker noted that the challenges in the county were not unique, adding that there was room to resolve the differences. “Personal differences cannot warrant the dissolution of a county government. Again we are not the only county experiencing problems,” responded Ngelu, who added that the weak governance structures within counties needed to be addressed.

Prof Kibwana, however,  portrayed the current assembly as a rogue institution that was difficult to work with. “If he hates me then I don’t know. Personally, I have nothing against him,” said Kibwana in reference to the Speaker. Ngelu has indicated he is ready to bury the hatchet and work with the governor.

The Speaker decried the perception that he is a Jubilee mole, rocking the county from within.

“This has caused a lot of suspicion. People must acknowledge that I was elected the same way the governor was elected,” Ngelu said.

In the last General Election, Ngelu unsuccessfully contested for Kibwezi East parliamentary seat on United Republican Party (URP) ticket and supported Prof Phillip Kaloki for the governor’s seat. He said this had fuelled speculations that he was out to oust Kibwana.

The governor said there was a perception that the assembly was a government on its own and could not be questioned by the executive.

“If there is a way this commission could do a miracle to make the assembly members understand that we have only one county government in Makueni, and I am the head of that government, that would be a pleasant miracle,” Kibwana observed.

He said it was strange that it was “increasingly difficult to work in the village” yet he had worked with local people very well when he as a national leader. Kibwana was previously a cabinet minister.

“People here do not want success; they work very hard to make sure we fail. It is a paradox Mr Chairman,” he lamented. “Whenever we cede some ground (as an executive), the assembly takes it as a weakness. There is no reciprocity.”

Mr Francis Mutuku, the Majority Leader, however, dismissed the governor’s assertions. “The notion held by the governor that we operate a separate government is dangerous. We recognise him as the head of the county government but he must appreciate that we need independence to exercise our mandate. That’s all we ask,” Mutuku told The Standard on Sunday in his office.

Talking terms

He said that those in the county government were now on talking terms and ready to serve the people.

“I hosted the deputy governor in my office for several hours and we discussed development issues, something that could not happen in the past. There is no friction at all,” Mutuku said.

Being a resident of Makueni, commissioner Gatuguta appears more pained by the wrangles in the county and has on occasions appealed to the county leadership to act in a manner that befits their office. In one incident Ms Gatuguta referred the Speaker to a Kamba saying that ‘Ngiti noyo yitusaa mwanga’ whose import is that the way a dog behaves determines whether it will be respected or dismissed as a useless mongrel.

“Mr Speaker, the people of this county are watching. The way leaders conduct themselves will determine whether you earn respect from them or whether they will look at you as a failed and useless leadership,” Gatuguta noted.

The Akamba Council of Elders led by Titus Mbathi has appealed to the commission not to recommend for a dissolution, and observed that the MCAs were now willing to work with the governor.

The elders, who included Mr Mbathi, Prof Samuel Katia, Sam Muumbi and Alphonse Kioko, strongly advocated for dialogue and reconciliation between the protagonists.

“There is a significant change of heart and majority of the MCAs are not for dissolution. Lessons have been learnt,” said Mbathi.

Prof Katia likened upheavals in the the county to a cow that was infested with ticks. “All it needs is dipping and it will be well,” he said.