Kenya doesn’t need regional governments, says lobby

Members of political parties in Kisumu where Political Parties liaison committee had a seminar about BBI. [Denish Ochieng/Standard]

A group of key stakeholders has opposed the creation of a third-tier regional government as proposed by a section of governors serving their last-term.

Some last-term governors are banking on Building Bridges Initiative (BBI) proposals to remain in active politics. They hope BBI could offer them a “soft landing” through the creation of more elective or appointive positions in the next constitutional dispensation.

But the group calling itself Multi-Sectoral Forum (MSF) wants the BBI team to consider the creation of Devolution Oversight Authority (DOA) to help in the oversight of the county units at regional level.

While appearing before the Garissa Senator Yusuf Haji-led team, MFS said regional governments would not only be expensive to run, but also a burden to the taxpayers.

Civil Society Reference Group chairman Suba Churchill and a member of MFS said should their proposal be adopted, DOA will not be part of either national or county government.

“There should be a Devolution Oversight Authority to look into governance issues. An independent body that is not part of either government,” said Mr Churchill.

MFS suggestion could be met with strong opposition from some pro-regional governments county chiefs whose position has started to gain traction among the electorate.

Village council

MFS recommended to the Haji team that there should be a village council with a competitive team of five elders equivalent to Cabinet Secretary and who mirror the County Executive Committees.

MSF argued that the functions of the village council would be devolved to counties and to ensure accountability for services and projects under the County Government Act are implemented.

“The chair should be elected; a village administrator cannot act as a chair as it will weaken accountability,” said Churchill.

He went on: “We devolved sports but didn’t devolve youth yet counties receive funds for youth function. We should also devolve the gender function.”

The group supported the BBI report on the disbandment of the Wafula Chebukati-led Independent Electoral and Boundaries Commission (IEBC), but rejected the idea that political parties should be the nominating bodies.

According to MFS, the electoral commissioners should be independent. The recruitment panel should come from stakeholders from diverse sectors, and the recruitment process itself should be transparent and above board.

 

“We support the disbandment of the IEBC and its restructure into a more desirable framework. We, however, do not agree with the issues of political parties nominating commissioners to the IEBC. We feel that commissions should be accountable to Kenyans and not political parties,” said Churchill.

MFS chair Lee Karuri said while they support the removal of ethics from the Ethics and Anti-Corruption Commission, the enforcement mechanism of the code of ethics in each sector should be strengthened, including having a disciplinary mandate.

Mr Karuri suggested that the yet-to-be formed commission should be named the Ethics, Values and Integrity Commission.

The proposal to hive off the ethics mandate from the Eliud Wabukala-led commission was supported by the National Cohesion and Integration Commission (NCIC).

Ethics mandate

NCIC, led by Samuel Kobia, said it welcomed the addition of ethics mandate to the cohesion commission, arguing that it resonates well with the broad mandate of the commission of facilitating and promoting equal opportunity, good relations, harmony and peaceful co-existence between persons of the different ethnic and racial communities of Kenya.

But Dr Kobia was of the view that the renaming of NCIC as Ethics Commission to be subsumed under the Office of the President whittles down the intentions and aspirations of the drafters of NCI Act, 2008.

“We feel that placing the commission under the OP will take away its independence, hence losing public trust and credibility. Commission oversight role of checking on the conduct of government on the issues of inclusivity and non-discrimination particularly the Office of President will be highly compromised,” Kobia told The Standard.

Instead, they have recommended that the current name of NCIC be retained and its mandate strengthened by amending the current Act to bring all ethics issues under its ambit.