Senate approves team to probe Makueni

Makueni, Kenya: President Uhuru Kenyatta is expected to formally appoint six members of a Commission of Inquiry into the claims against the Makueni county government after the Senate approved the nominees.

Senate endorsed the report by the Committee on Devolved Government, which recommended the appointments of Mohammed Nyaoga (chairperson) and members Emily Gatuguta, Harrison Maithya, Johnston Kavuludi, Alice Nderitu and former mayor Taib Ali Taib as commissioners of the team to probe a petition seeking to dissolve the county government.

Makueni residents want the county government dissolved following persistent leadership wrangles between the county assembly and the executive.

The committee, led by Senator Kipchumba Murkomen (Elgeyo/Marakwet), was tasked with establishing the suitability of the six nominees to conduct the inquiry into whether the petition is valid or not, and make recommendations. According to the report tabled in the House, only Mr Nyaoga (pictured) and Mr Taib’s approvals were unanimous. The other four nominees were endorsed with reservations.

“Having considered Nyaoga’s particulars, we unanimously find the nominee suitable for appointment to the position of chairperson to the commission of inquiry,” reads the report.

Despite approving Kavuludi, Gatuguta, Maithya and Nderitu, the senators expressed reservations about their suitability to discharge their duties optimally.

“Some members of this committee expressed reservations on the suitability of Kavuludi’s appointment based on his performance as the chairperson of the National Police Service Commission and the slow pace of the ongoing police reforms,” states the report.

In Gatuguta's case, the senators noted that she needed to safeguard herself against members of the county assembly as some felt she had not provided sufficient evidence that she was a resident of Makueni, which is a constitutional requirement.

In supporting the motion to form the commission, senators Murkomen, Mutahi Kagwe (Nyeri), Mutula Kilonzo Junior (Makueni), Henry ole Ndiema (Trans Nzoia) and Hassan Omar (Mombasa) expressed concern that this was not the right way to address the stand-off in the county. “I have reservations on this matter. Dissolution of this county will paralyse operations. However, we have no choice. The process must move on,” said Murkomen.

He noted there was no provision in law for how the commission would be facilitated to conduct an independent exercise.

"We need to legislate this matter. As things currently stand, the Ministry of Devolution is supposed to fund the commission," he said.

"We also need to amend the law to ensure the composition of this commission is an odd number and not even as it is now. In the event of technicalities, the commissioners will take a long time to make a decision," he added.

TANGIBLE EVIDENCE

Murkomen was concerned that the law does not provide clear timelines for the commission to finish its work and, therefore, leaves it to the discretion of the President.

Omar appealed to the committee to expedite the process, noting it was a sad day for the Senate and Kenyans as the House approved the formation of the commission.

Kagwe urged the commission to be fair in its work, while Kilonzo Junior implored it to digest the petition and present to the House tangible evidence to support its findings.

"An attempt to dissolve a county government is not right. However, the county invited this upon itself. Institutions should set standards to protect such a development. What has happened is as a result of the grandstanding following ceilings on budgets," noted Ndiema.

“The county government has failed the petition as leaders tried to satisfy their egos. They should not be re-elected if the county is dissolved. Instead, the anti-corruption agency should investigate them," he added.

Makueni Governor Kivutha Kibwana has indicated that the leadership differences the county is experiencing are ‘irreconcilable’ and have affected operations as a result.