CIC on spot for not committing to transfer of functions to counties

By Roselyn Obala

 Commission for Implementation of the Constitution (CIC) is on the spot for allegedly bolting out of a commitment to governors to support the transfer of functions to counties.

The commission has maintained that the process should be undertaken in accordance with the law and warned that a breach of the law will have dire consequences.

The county chiefs have expressed their dismay at the commission’s quick about turn in regard to the framework on the transfer of functions from National to County governments.

While in Mombasa, CIC chairman Charles Nyachae had assured the governors that the commission would support their push to have all the 14 functions assigned to counties devolved at once and not in phases.

In a letter by the CIC chairman to Devolution Cabinet Secretary Anne Waiguru, Council of Governors chair Isaac Ruto, Senate Speaker Ekwee Ethuro, Commission on Revenue Allocation’s Micah Cheserem, Transition Authority chair Kinuthia Wamwangi and Constitution Implementation Oversight Committee’s Njoroge Baiya, the commission stresses its position is clear on the law and devolving functions.

It reads in part, “I write to revisit the issue around the law relating to the transfer of functions to county governments. Mr Nyachae explained, “In view of the strong feelings this matter has generated, and the great public interest on the issue, CIC considers it appropriate to restate our position on it.”

Public pronouncement

He however admitted that the commission is concerned by the recent public pronouncement from senior members of the National Executive to suggest that CIC has been, or is, a hindrance to the process of transfer of function to county governments. In the nine page letter, CIC has also copied to secretary to the Cabinet Francis Kimemia with the request that the views be brought to the attention of President Uhuru Kenyatta in his capacity as the chair of the governor Summit, Nyachae wants the law followed. The new twist comes after the Mombasa retreat which saw CIC, governors, Senators and TA resolve to unite and work together in ensuring the functions are devolved, the County chiefs have called for an urgent council meeting today. They argued that going by CIC’s sudden advisory it is clear that they are unlikely to go far with the issue of transfers of functions as stipulated in Schedule Four of the Constitution.

The governors concur that they must put their foot down by consolidating their position before the scheduled Monday meeting with Deputy President William Ruto at his residence in Karen.