By David Ohito

To be a governor in a County Government, one may be required to produce a first degree and members of County Assemblies a Form Four certificate.

Those holding leadership positions in County Governments must also produce certificates of good conduct and criminal-free record from the anti-crime agency. The shape of the new political system took shape as draft laws guiding structures and leadership requirements for Kenya’s 47 counties were made public. In the far-reaching proposals, the team wants about 1,500 wards spread over 175 local authorities to be abolished or merged in order to make economic sense.

The Task Force Task Force on Devolved Government (TFDG) — set up to guide the country on the devolution platform — is also proposing reduction of the number of councillors from 3,465 to 2,000, and capping number of wards at 1,625. It is also advising that each of Kenya’s 290 constituencies have a minimum of three and maximum of five wards in each of the 47 Counties.

Chairman of the Task Force on Devolved Government Dr Mutakha Kangu (left) hands over proposed draft bills on devolution to Local Government PS Prof Karega Mutahi as Local Government Minister Musalia Mudavadi looks on. [PHOTO: WILBERFORCE OKWIRI/STANDARD]

Local Government minister Musalia Mudavadi unveiled the Six Draft Bills that in letter and spirit constitute a transformation in how Kenya will be governed once county governments are in place in conformity with the Constitution promulgated last August.

The Task Force chaired by Dr Mutakha Kangu also makes radical proposals on ethical and moral standards required of leaders in counties and outlines strict financial management rules to ensure corruption that is pervasive in central government is not also ‘devolved’ to the new units.

Pillars for counties

The Drafts set out the main pillars for counties, including governance structures and provision of services, which will help achieve efficiency and empower the people’s involvement in decisions that affect them.

In the rules proposed in a memorandum to be packaged with the Elections Bill, Governors will undergo strict vetting and satisfy leadership and integrity standards set out in Chapter Six of the Constitution. They must also satisfy educational, moral and ethical requirements prescribed by the new laws.

The Task Force appointed last October has been working out laws, some of which will guide the 2012 General Election in regard to offices falling under County regimes.

In its report the task force revealed that during County consultations, "Kenyans expressed the view that a first degree from a recognised university, and knowledge and experience of not less than five years in relevant disciplines in private or public sector are required."

Candidates for Governor’s posts will be expected to provide original copies of certificates of clearance from the Ethics and Anti-Corruption Commission before being cleared to run for office.

Governors can be impeached before expiry of their terms when they fail to perform in the same way the President can be removed under Article 145 of the Constitution.

The memorandum reads: "If the leaders are not accountable or misbehave, they ought to be removed from office. The taskforce proposes that impeachment procedure in Article 145 be replicated in the Elections Bill 2011 to enable impeachment of the Governor."

Leaders will no longer impose ideas and projects on the people. There is a provision for citizen participation in County governance through access to information.

Citizens would have the right to petition and challenge decisions, host local referendums and demand provision of County communication framework and infrastructure.

The new boundaries of the wards that would survive have been forwarded to Commission on implementation of the Constitution (CIC) for inclusion in the Independent Electoral and Boundaries Bills (IEBC) so as to be part of next year’s election.

The IEBC shall review the names and boundaries of wards that would exist in next year’s election alongside those of constituencies.

During the unveiling conference, Mudavadi said: "We are looking at giving the country the best services. The Bills spell out duties and obligations leaders and citizens have. It marks the process of debates which will refine the laws as we strengthen proposals into Acts of Parliament to be adopted by Parliament," he explained.

Envisaged

"The Taskforce interrogated the Constitution, consulted with the Kenya people and drew lessons from the best practices of the world to unbundle the devolved government envisaged in the letter and spirit of the Constitution," said Mudavadi who is also Deputy Prime Minister.

TFDG’s proposed laws include the Draft Devolved Government Bill, which sets out powers and functions of County government and the qualifications of County Assembly members, its Speaker, Deputy Speaker and County Cabinet. The Governor will provide general political guidance over fiscal and financial affairs of the county.

Each county will seek to establish the position of County Chief Secretary who will head the Public service.

Another crucial Bill under the devolved system is the Urban Centres and Cities Bill, which provides for classification and establishment of urban areas, governance and management of cities and urban areas within the counties.

Generate revenues

The Bill spells out drastic changes in the management of urban centres. Cities and urban areas are seen as centres of economic activity to generate revenues for the County government. These arrangements are provided in the Intergovernmental Fiscal Relations Bill, County Government Financial Management Bill, and Transition to County Government Bill. Urban and city areas will be decentralised units of, and answerable to, County governments.

The TFDG also published the Draft Inter-governmental Relations Bill, which establishes a framework for co-operation and consultations between National and County governments and among County governments themselves.

It spells out mechanisms for consultation and co-operation between County governments and other State organs such as National Assembly and government officers.

The team also drafted Intergovernmental Fiscal relations Bill, whose highlight is how to ensure that the principle of Devolution is practised by National Treasury and therefore protects County governments from being financially muzzled.

Another crucial Bill whose details would be availed today (Tuesday) is County government Financial Management Bill, which is different but complimentary to National Financial Management Bill.