Why we must rein in MCAs to realize fruits of devolution

The drama Kenyans were treated to at the Nairobi county government offices on Monday, as Members of the County Assembly stormed Speaker Beatrice Elachi’s office demanding her ouster, brings to the fore many issues on devolution that the country must address.

Although the MCAs had impeached Ms Elachi last week by passing a motion in an unprecedented manner, she got a reprieve after going to court and obtaining temporary conservatory orders blocking her removal from office.

But even with the court order, the MCAs deemed it fit to storm Elachi’s office to eject her. Thereafter, it was chaos marked by scuffles and insults.

This, then, is where the problem begins. Why the MCAs would imagine that they are power and law unto themselves is in itself a problem for Kenyans to ponder.

The Constitution must be followed and court orders must not be issued in vain. There are enough examples of leaders who have been impeached by county assemblies but have continued to serve on the strength of the law. What’s more, we are a constitutional democracy.

Elachi is not the first county official to face impeachment or threats of impeachment.

Makueni Governor Kivutha Kibwana survived impeachment during his first term in office but has since been applauded by Kenyans for being a reformist and implementing a universal healthcare programme for his people, especially the elderly, and launching a fruit processing plant in efforts to promote farmers and agriculture in the county.

Embu Governor Martin Wambora survived two impeachment attempts by his county assembly in his first term, but went on to be re-elected for a second.

Good company

Evidently, the Nairobi MCAs are in good company. But although the Ethics and Anti-Corruption Commission (EACC) has on several occasions summoned MCAs from counties like Nakuru, Homa Bay and Nairobi for misconduct, nothing tangible has been done to correct the situation.

Of all MCAs, 1,450 are elected and 772 nominated to serve in county assemblies whose mandate is to approve county budgets and expenditure, approve county government borrowing, make laws to be enforced by the county governments, and vet and approve nominees for appointment to county public offices.

Therefore, when MCAs act in the most ignoble manner, they cast doubt on their abilities to lead their respective counties.

Because they are public officers, the constitutional requirement of integrity among public officers guides them. Unfortunately, MCAs are usually quick and happy to resort to hurling furniture and insults alike to express their displeasure, without giving one hoot about the expectations of those who elected them to lead and be role models.

Secondly, MCAs in most counties have taken the county administrations hostage.

Their influence in budget approvals and passage of laws and sanctions, for instance, usually means that governors must avoid confrontations with them if they are also to avoid impeachment attempts against them.

Some of these governors have been accused of corruption and rendered powerless by rapacious MCAs, who threaten them with impeachment and non-cooperation in budget approvals for crucial projects if their hefty allowances are interfered with in any way.

Sadly, in many counties, the approval of county budgets has been used by MCAs as a means to make money.

Protect them

This, perhaps, explains why the Auditor General’s reports on county spending have been flagging one malfeasance after another related to the MCAs, underlining the scope of misuse of county funds by those who ought to protect them.

Since 2013, successive audit reports have revealed massive rip-offs in the devolved units, with MCAs being at the centre of it all.

According to many reports, county assemblies have presided over the plunder of public funds, either through laxity or riding the gravy train. Ironically, as the county assemblies have fallen far short in their roles, their allowances have risen steadily.

The devolved system of governance has brought services closer to the people. Members of the County Assembly, as the first-line political managers with enough powers and controls over county finances, have and can improved the lives of millions of Kenyans.

This is why they, and all other leaders, must learn to carry themselves with respect, and where this is deliberately resisted as is the case now, laws should be enacted to force them.

Political parties should also ensure that their party members are reined in to enhance party discipline and order.

Ultimately, the question remains: When will the majority of MCAs in Kenya do the work for which they were elected?

Prof Mogambi, a development and social change expert, teaches at the University of Nairobi; [email protected]

 

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