ODM leaders propose disbanding county assemblies

The Orange Democratic Movement is pushing for the creation of regional assemblies to replace those in counties.

The party’s chairman, John Mbadi, said county assemblies as currently constituted have had little impact in legislation and playing their oversight roles effectively.

“Some of them have been compromised by the Executive and have, therefore, lost meaning. They are only driven by business interests inimical to their mandate,” claimed Mbadi.

He said that despite the best efforts by the national government to fund them, the economic gap between rich and poor counties continued to widen.

The Suba South MP and leader of Minority in Parliament said billions of shillings had been channelled to counties in an attempt to boost investment and create jobs, with little to show for the investment.

“The results, as the Auditor General’s office shared with Kenyans recently, is a pointer to weaknesses and variables in smaller administrative units,” he said.

Recurrent expenditure

The ODM chairman accused counties of having uncontrolled expenditure.

“A lot of money has been wasted on recurrent expenditures and projects that are not sustainable. These are issues that will inform the ballot question at the referendum,” he said.

He announced that ODM was still exploring ways to either amend the law by a popular initiative or through Parliament.

Lawyer James Mwamu said Article 257, (1) was clear on how to amend the Constitution through popular initiative, including collecting one million signatures from registered voters.

“Article 257(2) states that a popular initiative for an amendment to the Constitution may be in the form of a general suggestion or a draft Bill,” said Mr Mwamu.

He said if a popular initiative was in the form of a general suggestion, then its promoters shall formulate it into a draft Bill to be presented to county assemblies for approval.

“At least 24 counties will have to approve the Bill, before Parliament either ratifies or ignores it, in which case we then go to the ballot,” said Mbadi.

According to the lawyer, Article 257(4) of the Constitution states that the promoters of a popular initiative shall deliver the draft Bill and the supporting signatures to the Independent Electoral and Boundaries Commission (IEBC) for verification.

Supporting signatures

If IEBC is satisfied that the initiative meets the requirements of the law, it is then expected to submit the draft Bill to each county assembly for consideration within three months.