Governors, county commissioners row intensifies

By ABDIKADIR SUGOW

A huge concern from the five-day Governors’ conference at a Naivasha hotel was fear their work could be jeopardised.
The fear of devolution being under threat continues, with elected leaders – governors, Speakers and County Representatives – at loggerheads with bureaucratic State officials on a number of issues ranging from office to financial allocation.
Analysts point to the parallel system of administration created by the Office of the President, which they argue could hamper the monumental task of taking services closer to Kenyans.
They contend the Executive’s appointment of 47 county commissioners amounted to outright violation of the Constitution and could cause problems in future.
“Obviously there will be teething problems,” says former Committee of Experts (CoE) chairman Nzamba Kitonga, which drafted the new Constitution.
He says although the legal power and authority lies with the Governors, there could be challenges, including attempts to manipulate and bend the laws to usurp their powers.
Political power
And more controversy, which forced the Governors to angrily was President Kibaki’s insistence that despite the devolution of political power to the counties, Kenya remained a unitary state.
“Kenya remains a single unitary state as per the Constitution of Kenya,” said Kibaki when he opened a Governors’ workshop.
The Governors termed the President remarks ‘disastrous’ and suggested lack of political goodwill to ensure devolution works.
And Prime Minister Raila Odinga warned of an elaborate attempt to kill devolution.
He urged governors and Senators to unite in defence of devolution, warning that gains made in the Constitution that ushered in the devolved governments could be lost.
He warned of attempts to undermine governors to dilute devolution, a system he said some State insiders oppose.
“As a coalition, we stand strongly for the full and undiluted devolution of powers and resources to the counties,” said Raila.
He also urged Senators to demand full funding for devolved governments.
The governors have already expressed their intention to meet President-elect Uhuru Kenyatta and his deputy William Ruto to push them to support devolution as outlined in the Constitution.
Officially, engagement between the governors and the President will be through the National and County Government Co-ordinating Summit.
According to the Intergovernmental Relations Act, the Summit shall comprise the President or in the absence of the President the Deputy President, who shall be the chairperson, and the governors of the 47 counties.
However, Dr Kitonga expresses optimism that the governors will overcome the initial hiccups as they implement the devolved system, adding that simple things like office and residential accommodation will be part of the challenges.
He pointed out some hiccups being experienced in the manner of the legislation and interpretation of the new laws, urging the implementing authority should not take a different approach for fear of side effects.
Set of rules
“It is the responsibility of each Kenyan to protect and adhere to the established set of rules. The new Constitution is in the public domain, hence every Kenyan understands how their leaders should handle and treat the laws that govern the country. There should be no scapegoats in implementing the new laws,” he says.
He adds: “The residents at the county level have bestowed on the Governors and county assembly representatives great responsibility and trust, therefore they should be begin to work despite the challenges. Those elected must demonstrate from the first day in the office that they are equal to the task. Kenyans expect and deserve competent, innovative and forward-looking governments at their deposal.”
The principles of devolution are contained in Chapter 11 of the Constitution, while the functions of county governments are provided for in the Fourth Schedule. Arising from the constitutional provisions, the County Governments Act was enacted last year and provides the fine details of what the counties should do. There are other related pieces of legislation on devolution.
The commissioners were retained in wake of the National Government Service Co-ordination Act, despite the provisions of the Sixth Schedule of the Constitution, which requires that the provincial administration be phased out.
The Executive opted to remain hesitant and created a parallel system of administration to oversee the workings of county authorities hence maintaining the status quo.
Also the County Governments Public Finance Management Act excludes county governments from directly handling funds from the government. Instead, the established County Treasuries are answerable to the central government through the Transition Authority.
Crucial interface
The week long induction workshop for the governors, county representatives and apeakers covered legislation and structure of the devolved system, the interface between counties and the national government, the role of county executive committees as well as county assemblies, focused on the roles of each office.
“Our interest is to see that the county governments headed by governors work in harmony and co-exist peacefully with provincial administrators led by the county commissioner. Each of the two has different roles which complement each other,” says Transition Authority chairman Kinuthia Wamwangi.
Wamwangi’s team has had rough time, sometimes being compelled to ask Governors-elect to stop forcing county commissioners to move out of their offices and houses. “We cannot allow governors evict county commissioners. It is not going to happen because each of them is there by right. The only thing we can do is to urge county commissioners to provide interim office space for governors on negotiated basis,” he says.