What is the fate of local authorities?

As we move into the implementation phase of the new Constitution, questions on what to do with the Provincial Administration (PA) have hogged the limelight.

The Government has proposed measures to restructure the PA in line with the provisions of Part 4 (17) of the Sixth Schedule of the new Constitution. However, the Government has remained silent on the fate of the 175 local authorities countrywide.

With more than 3,000 councillors and employing thousands of Kenyans, these local authorities are powerful entities whose fate should concern Kenyans more that of the PA.

The question the Government should answer is whether these authorities will remain intact after county governments assume power. Can the two structures exist in parallel? A careful study of the new Constitution reveals that this is not possible. Local authorities have all but been scrapped, and this position can be supported on several grounds.

functions

First, the major functions of the local authorities as vested upon them by the Local Government Act Chapter 265 have now been transferred to county governments by Part 2 of the Fourth Schedule of the new Constitution. These include street lighting, trade regulation and licensing, water and sanitation services, among others.

In view of the concept of supremacy of the Constitution, which is now expressly captured in Article 2 of the new laws, the Local Government Act will be nullified in so far the functions of local authorities are concerned once county governments are up and running.

Second, the power of local authorities to raise revenue has also been scrapped, albeit in a hidden way. Article 210(1) of the new Constitution provides that no tax or licensing fee may be imposed, waived or varied except as provided by legislation.

But the legislative authority is only vested in Parliament by Article 94(1) on the national level and on the county assembly by Article 185(1). Parliament, on the other hand, cannot purport through legislation to bestow local authorities with the powers to tax or impose licensing fees for functions that are in the realm of the county governments because this is outlawed by Article 191 on conflict of laws.

property rates

Article 209(3)(4) gives county governments the power to impose property rates and charges for various services, thus cutting off local authorities major sources of revenue.

Third, the power of local authorities to hold public land has now been transferred to the county government by Article 62(2).

Finally, there is the issue of building infrastructure for county governments. It is impractical for the Government to undertake the widespread construction of new structures to accommodate county governors and their staff. Instead, it would be more practical to take over the buildings currently used by local authorities.

However, Part 4 (18) of the Sixth Schedule raises some confusion because it says that: "All local authorities... existing immediately before the existing date shall continue to exist subject to any law that might be enacted."

But one way or the other, local authorities shall be rendered moribund via the new laws or if need be, through the courts.

{Irungu Kangata, via e-mail}

Nyong’o’s Sh2,500 lunch not out of reach

Medical Services Minister Anyang’ Nyong’o has recently been criticised for backing an increase in the National Hospital Insurance Fund (NHIF) premiums.

But even more disturbing is how a lunch analogy he used has been blown out of proportion by critics who argue it was a mockery to the nation’s poor.

In his illustration, Nyong’o said that with a salary of Sh800,000, he was headed to Serena Hotel for lunch worth Sh2,500, which was way higher than the Sh66 he would contribute daily in the new NHIF scheme.

In his view, the Sh66 is affordable, and it is justified to allow improvement of medical services and access to health care by the poor. The minister is being criticised for speaking the truth, not unless we wanted him to lie that he queues for a pack of chips in town.

Suppose Nyong’o had disclosed that he lives in a leafy suburb like Karen or Runda; would that be a mockery to those who live in Kibera or Korogocho? Does it mean those who drive fuel guzzlers do it to mock those who go on foot?

Even those criticising the minister like Cotu Secretary-General Francis Atwoli live lifestyles beyond the reach of millions of Kenyans. I am yet to hear Atwoli declare that he’ll shift his residence to Kibera as a show of solidarity with slum dwellers.

I find nothing wrong with one eating a decent meal in a serene environment because, after all, the primary reason why we work is to fill our stomachs. However, satisfaction levels differ, and this is where choice takes centre stage.

insecurity

Nevertheless, there are those who suffer eternal insecurity over money and regardless of how much they own, they will never eat a decent meal, buy decent clothes or build a decent house.

They are always saving, and one wonders when they will start spending this money. The problem here is lack of ability due to poverty of the mind. By having a decent lunch, the minister sets good standards. In fact, even his Kisumu Rural constituents would be happy to note that their MP eats well.

Nyong’o should organise trips for school children in his constituency to Serena Hotel so they can get a feel of the ambience and sample some of the dishes on the menu.

He will motivate them by advising: "If you worked hard in school and remained disciplined, you will also eat good food in an environment like this."

{Silas Nyambok, Athi River}