Murkomen: Uhuru respected law on the appointments

Government Kipchumba Murkomen   PHOTO: COURTESY

By Faith Ronoh

Elgeyo Marakwet Senator and chairman of the Senate Committee on devolved Government Kipchumba Murkomen has been vocal on devolution matters. The recent move by senators to amend the Public Finance Management Act appears to have been pegged on a number of issues.

If passed, it will be the third law the senators have in place to establish fiscal and monetary discipline in each of the 47 county governments. Murkomen maintains there has to be a clear law governing spending by counties. Here are excerpts:

QUESTION: You recently announced plans to amend the law to ensure the bulk of the money allocated to the counties is used for development projects. As the Chair of the Senate Committee, what prompted this?

ANSWER: The budgets of counties focused on core issues such as travelling, entertainment allowances, luxurious vehicles and chase cars for governors, building of opulent governors’ residence among others. We raised our concerns then as early as August 2013.

The recent report by the Controller of Budget elevated our fears that there is significant risk that devolution will be undermined and we want to arrest the situation before it is severe.  Therefore, those are the core reasons as to why we want to amend the law.

Tell us about the amendment to the Public Finance Management Act (PFMA) and its implications if passed to law.

We are amending section 107 (2) (b) of the PFMA to ensure that a minimum of 60 per cent of the county government budget is allocated to development expenditure. This will ensure that as a country, we will be observing the provisions of Article 201 of the Constitution, which requires that expenditure shall promote the equitable development of the country. I am sponsoring the Bill alongside Kithure Kindiki, Stephen Sang and Beatrice Elachi.

 You have been on record saying Senate will “frustrate the bureaucracy” in the counties by reducing the recurrent budget to 40 per cent of the total allocation and having the development budget increased to 60 per cent of the total allocation. Your comment

The core object and purpose of devolution is to promote development and the provision of proximate, easily accessible services throughout the country. It now appears that many governors are re-introducing the old bureaucracies and grandiose that devolution was meant to cure. Counties are recreating village lords, running around with a fleet of vehicles complete with sirens that are financed by taxpayers’ money. Why would a governor in a county need a political or cultural advisor? Why have an economic advisor and on the other hand have county executive officer and chief officer in charge of economic planning? These deplorable practices and manners must be nipped in the bud before it is too late.

Senators have also suggested that in the next budget for the counties, governors would have to account to the Senate how they will have spent the money that was allocated in the current financial year. Will this be achievable?

Yes, it must be achieved because Art. 96 (c) vests the senate with power to exercise oversight over resources allocated to counties. Section 8 of the Public Finance Management Act empowers the committee of Senate responsible for budget and economic affairs to ensure that the objectives of oversight by Senate to ensure prudent management of public resources are achieved. Therefore, there is no doubt whatsoever that this will come to pass.

 Don’t you think all these will create conflict between governors and senators further frustrating devolution?

The relationship between governors and senators is that of check and balances. The senators are watchmen and watchwomen of devolution. Some county governments are the internal threats to devolution and senators must remain alert even if it appears that there is conflict.

Governors Council Chair Isaac Ruto has maintained that he will not be intimidated from putting the government on track on matters to do with devolution. Do you think he is being intimidated by some forces in government?

I am not aware of such intimidation. In any case, there are sufficient and foolproof constitutional and legal balances that constraint any agency of national government or any other institution from frustrating devolution. If there are any matters arising they should be reported to the Senate, which is the constitutional official protector of devolution.

How far are we as a country before realising full standards of devolution? What is your scorecard rating (1-10)?

We have just begun. We have the first three years to lay the foundation and achieve full transition to county governance. It is too early to give a rating.

Recent appointments by President Uhuru Kenyatta have been received with varied opinions. A section of leaders allied to URP have dismissed the appointments, saying the exercise did not reflect the 50:50 deal between TNA and URP.  Your comment

So far I am convinced that the President has respected the constitutional, legal and political requirements for public appointments, including the instruments that govern our coalition. That is more important than anything else.

You are a strong ally of Deputy President William Ruto. As he continues with his case at the International Criminal Case, he is battling demands by politicians from Rift Valley who want more appointments in government offices. What is the way forward?

It is true that the Deputy President is my leader and my friend.  I can also confirm that I have heard some politicians commenting on more appointments for people from the Rift Valley and the rest of Kenya. While they are free to express their views I have confidence in the approach the President and his Deputy are taking to ensure that public appointments and access to national resources and development projects are distributed lawfully, equitably and for the interest and benefit of all Kenyans without discrimination of any basis, including political affiliations.