Fresh bid to scrap County Commissioner posts

NAIROBI, KENYA: The push to abolish the office of county commissioners could be headed to the National Assembly.

An Opposition MP has written to National Assembly Speaker Justin Muturi seeking an amendment to the law establishing the offices. Wajir South MP Abdullahi Diriye wants to introduce an amendment to Section 15 (2a) of the National Government Coordination Act 2013 to scrap the office.

The appointment of county commissioners has been a bone of contention between those who view the officials as an effective administrative tool for the Executive and those who dismiss them as a relic from the past.

In the letter dated September 24, Diriye argues that the office should be scrapped as its roles are already being performed by the governors.

“The office currently duplicates the roles of governors and can therefore be construed as affecting the coordination of the county government functions,” the MP said.

 COURT’S DECLARATION

The section that the MP wants amended empowers the Public Service Commission (PSC) to appoint a county commissioner, a deputy county commissioner and an assistant deputy commissioner in each of the 47 counties. It also gives PSC the power to appoint chiefs and sub-chiefs.

Section 14 of the Act allows Cabinet Secretary to establish offices that would assist the Executive implement its policies in counties. “The CS may, with the approval of the President and by a notice in the gazette, establish national government service delivery co-ordination units,” the section reads. This is the latest attempt to scrap the office, which was declared unconstitutional by the High Court. A 2013 ruling by Justice Mumbi Ngugi had overturned the appointment of the 47 commissioners.

The Law Society of Kenya has also previously moved to court to challenge the legality of the office.

Although Diriye’s letter has been received by the Speaker, it will need to go through the necessary approvals, before an amendment Bill is tabled before the House.