Devolution battle a notch higher as Senate opposes bid to disband TA

By JUMA KWAYERA

jkwayera@standardmedia.co.ke

KENYA: A fierce battle looms between the Senate and the State Law Office following revelations that plans are at an advanced stage to amend the law and the Constitution to disband the agency tasked with overseeing devolution.

Attorney General Githu Muigai and Devolution Cabinet Secretary Anne Waiguru whose offices are accused of hatching the plot to disband the Transition Authority (TA) are coming up against stiff resistance from the Senate, consumer organisations and county governments, all which say attempts to frustrate devolution, are aimed at ‘re-centralising’ power in the national government.  

Cross-purposes

Suspicions that the presidency is behind the move to send home the TA and replace it with an intergovernmental relations committee has already poisoned further the usually testy co-existence between the national government and the Senate, which over the past few months have been talking at cross-purposes. The Senate, which oversights county governments, is opposed to any attempts to vest Ms Waiguru with powers to implement devolution.

Commenting on the new development in the never-ending political intrigues around devolution, Jubilee’s Senate Majority Leader Professor Kithure Kindiki, described the proposed amendments as retrogressive and vowed to rally senators to defeat when it tabled in the House.

The position taken by Kindiki is expected to ignite the animosity between the Senate and the Executive that has in the past seen the latter incite the National Assembly against the former in the many ‘supremacy wars’ that have sometimes reduced the president to a bystander.

“The tyranny of numbers does not just apply in politics. We shall use it to protect public interest and public good. Devolution is being undertaken in public interest, not the protection of powers of a few people,” added Kindiki who is also Tharaka-Nithi County senator.

Investigations by The Standard On Saturday reveal that the sudden move by Muigai to put Transition Authority Chairman Kinuthia Wamwangi and his team on notice has its roots in the rivalry between TA and Ms Waiguru.

The frustration began when TA’s budget of Sh11 billion was inexplicably reduced to Sh550 million.

With a limited budget, TA has not been able to embark on the second phase of its programmes, which among other things was to prepare an inventory of assets and liabilities inherited from the defunct ministry of local governments.

As the Waiguru and Wamwangi tussle for the control of devolution rages, The Standard On Saturday has learnt that the disagreements have been escalated by on-going parastatal sector reforms.

Most state corporations fall under Waiguru’s ministry of Devolution and Planning and the prospect of some of the reforms having to be approved by transition authority has further fuelled the hostility that had hitherto been kept under leash. Some parastatal reforms are apparently in conflict with the TA’s mandate of auditing and assigning national and county governments.

Reached for comment, the chairman of the taskforce that drafted devolution laws, Mr Mutakha Kangu was pessimistic about the pace and direction of transfer of power to the counties.

Speaking from Pretoria, South Africa, Mr Kangu observed: “Right from the beginning, we could see people who would choose to ignore it (devolution). It is an issue I would not want even to talk about because no one is serious.”

He was apparently referring to the standoff between Uhuru Kenyatta (then deputy prime minister and finance minister) and Mr Musalia Mudavadi (then deputy prime minister and local government minister). The two clashed a number of times over who should take the lead in making transition laws, leading the taskforce being denied the resources to execute its mandate. Devolution laws were drafted by a taskforce appointed by Mudavadi.

As the Attorney General puts final touches on Statute Law (Miscellaneous Amendments) Bill (2013), he may not have anticipated the resistance he faces in the bicameral House with Kindiki saying the move is ill advised. The Bill is expected to be tabled in Parliament before end of this month.

The amendment reads, “The Authority shall stand dissolved upon the establishment of the intergovernmental relations committee established under the Intergovernmental Relations Act.”

Kindiki points out the proposal to have an interrelation committee replace TA is a duplication of roles as there is already a similar body in existence chaired by President Uhuru Kenyatta.

“TA has a constitutional time frame to oversee devolution for three years after the first election. The committee is a permanent body. Therefore there is no need to scrap and replace it with an inter-governmental relations committee. Prof Kindiki, a lawyer by training, says the proposed amendment does not provide for a mechanism by which the envisaged intergovernmental relations committee will be constituted. Asked about the fate of TA, Waiguru expressed support for the amendments saying the mandate of the authority overlaps that of her ministry.

However, Mr Wamwangi differs. The TA boss drew a line between the agency and the parent ministry, saying: “We are the leaders in transition, coordination and facilitation. That means we are midwifing a process on behalf of the ministry and county governments. The ministry and counties are the owners of the devolution; therefore we are not in competition with the cabinet secretary.”