MPs differ over threshold on removal of county officials

MPs expressed varied opinions on the threshold of removal of county governors, speakers and the recall of County Assembly members as they debated the County Governments Bill.

While some argued that impeachment of governors and speakers and recall of the County Assembly members should be relaxed to ensure only people of high integrity hold office, some said the threshold should be higher to prevent abuse of the process.

Ikolomani MP, Boni Khalwale and Kamukunji MP Yusuf Hassan said the removal of governors should be made easy so that they deliver.

"We must make it easy for the people to remove the governor so that he feels that he is under scrutiny," said Yusuf.

But Garsen MP Danson Mungatana said the removal of the governor and speaker should be made difficult so that people did not abuse the process.

He proposed that voters should be allowed to recall County Assembly members.

The Bill says at least 30 per cent of registered voters in a ward can petition for the recall of a county representative.

Mungatana proposed that the removal of the governor and the speaker should be initiated by at least two-third majority of the County Assembly members.

But Khalwale accused Mungatana of trying to "make a dictator of governors and a democrat of a speaker".

Mungatana, however, dismissed the Ikolomani MP and claimed that he did not listen to his contributions.

Votes

"I have explained to him (Khalwale) and I don’t know where his doctor mind has flown off to!" said Mungatana.

Removal of the county speaker requires at least 75 per cent of votes by the County Assembly members, according to the Bill. The move has to be initiated by at least a third of the assembly members.

On impeaching the governor, a third of the assembly members would initiate the process and a least two-third of County Assembly members must endorse the move.

For the move to sail through, the Senate would also have to garner at least two thirds of votes.

Khalwale insisted that the removal of the Speaker should have a higher threshold to allow him to perform his duties without fear. Gichugu MP Martha Karua proposed removal of the speaker by at least a half of the County Assembly members.

The issue of Provincial Administration also came under focus with MPs calling on Local Government Minister Musalia Mudavadi to decide their fate in the new governance structure.

"Put the role and fate of Provincial Administration in this Bill. You have to be brave so that if the chief, assistant chief, PC and DC are not going to go away, how is the governor going to work with them?" posed Khalwale.

Karua called for a new form of administration in the counties saying the Provincial Administration would not be good for the country.

"Whereas it is clear the governor will need eyes on the ground, do we need another level of governance? The governor can have officers but having administrators mirroring the Provincial Administration does not signal a new dawn," said Karua.

Education Assistant Minister Ayiecho Olweny and Kinangop MP, David Ngugi called for redefinition of roles of the Provincial Administration if they are to remain in the new dispensation.

Imenti Central MP Gitobu Imanyara said county governments must be distinct from the National Government but should be inter-dependent.

Qualification

Though the Elections Act outlines that county representatives must have a post-secondary qualification, Khalwale proposed that they should be Form Four leavers. But North Horr MP, Chachu Ganya and Karua dismissed his argument.

"These are no longer councilors; these are members of a legislative assembly. What the National Assembly does for the country is what the County Assembly members would do for the counties," said Karua.

She said given that they would approve county budgets, among other roles, they need competence and skills to do so.

Khalwale called on the Treasury to release funds to put up infrastructure for the county assemblies.

Ganya and Energy Assistant minister Langat Magerer criticized the capping of wards at 1,450, saying this would not ensure adequate representation.

Stories by Peter Opiyo and David Ochami

Energy Assistant minister Mohamud Mohamed and Emuhaya MP Wilbur Ottichilo called for a clear outline on the qualifications of county secretaries to avoid a situation where governors appointed their cronies to the critical office.

Wundanyi MP Thomas Mwadeghu called for an audit of local authorities’ assets ahead of the transition while Rangwe MP Martin Ogindo called for a mechanism to ensure continous delivery of services during the transition period.