Governors attack Transition Authority over functions

By PATRICK BEJA and ROSELYNE OBALA

Governors have launched a scathing attack on the Transition Authority (TA) and called for its disbandment.

The County Chief Executives directed their fury at the Authority mandated to oversee the smooth transition to devolved governments, accusing it of sabotaging devolution.

The governors unanimously agreed that TA has failed in discharging its mandate and instead has been frustrating the process.

They took issue with TA Chairman Kinuthia Wamwangi, who they accused of applying double standards in addressing the teething problems affecting devolution.

The governors attending a two-day workshop in Mombasa organised by the National Lands Commission (NLC) used the moment to express their displeasure in the manner in which Wamwangi has been handling the transfer of functions to the counties.

The matter came to the fore when the Commission for the Implementation of the Constitution (CIC) revealed that TA had indicated that county governments were still not ready to take over the devolved functions.

Governors wasted no time in lashing out at the Authority and even CIC chairman Charles Nyachae found himself on the receiving end when governors sought to clarify they have the capacity to effectively undertake the devolved functions.

Nyachae took a retreat and concurred with the governors that TA was giving conflicting information on the matter.

Governor’s Council Chairman Isaac Rutto noted that the Authority was a total let down and disclosed that they governors had no confidence in the chairman.

“The Chairman tells many lies with the recent being his position that the Attorney General (AG) has refused to gazette devolved functions,” stated Rutto.

He Continued, “I have a copy of the letter the TA chairman wrote to the AG over the matter and based on the contents of the letter, its obvious the functions cannot be gazette.”

The Bomet Governor explained that WaMwangi had urged the AG to publish the functions with a caveat that is if some conditions are met.

“The buck stops with TA. We have the capacity to handle devolved functions and at no time have we said otherwise,” he stressed.

Nyachae on his part admitted that going by the perspective statutory reflection of TA, which is the mechanism established to facilitate the smooth transition to devolved units, a review is needed.

“There is indeed confusion with the TA especially as brought out by the process to transfer functions to the Counties,” he stated.

The CIC chairman stated that the Commission had already raised its concerns on the role of TA with the Parliamentary Constitutional oversight committee and called for a re-look to ensure that it actually fulfills its mandate as required.

“This process should be undertaken in a transparent, public participation approach. We cannot proceed to have such statutory re-assessing role of the TA. We cannot let the situation keep recurring,” he maintained.

Transfer of functions

Nyachae however, urged TA to consult both the national and county governments in considering transfer of functions considering the budgets already prepared, so as to have practical solutions.

“The functions can be one-off for this particular budget,” he urged.

Jack Mandago (Usain Gishu), Wycliffe Oparanya (Kakamega), Peter Munya (Meru), Kivutha Kibwana (Makueni), James Ongwae (Kisii), Hussein Dado (Tana River) and William Kabogo (Kiambu) put TA on the spot over duplication of functions.

“We are ready for the 14 functions. We do not want duplication by the national government,” noted Mandago.

Mr Oparanya, on his part, disclosed that TA had informed him that he was 60 per cent ready to have devolved functions and questioned the criteria used to gauge his county. Kabogo took a swap at Wamwangi accusing him of nepotism.

While most governors had an issue with TA, however, Commissioner Bakari Omara defended the Authority arguing that they have had a cordial relationship with the governors and wondered why the backlash.

“We have done the best to our knowledge. We are surprised that the governors are now condemning TA for their woes,” he noted, adding that they were not against devolution.

He said the system is new and both parties are learning.

“No devolution has been smooth but we must build capacities,” he stressed.