Governors, senators agree to end supremacy war over proposed law

Council of Governors Chairman Isaac Ruto (left), Elgeyo/Marakwet Senator Kipchumba Murkomen and Bungoma Governor Kenneth Lusaka join other governors and senators at Serena Hotel in Nairobi Friday. [Photo: Jonah Onyango/Standard]

By  ALPHONCE SHIUNDU

NAIROBI, KENYA: Governors and senators have finally called a truce in their push and pull over a controversial draft law that sought to make senators the bosses of county development teams.

The governors said the agreement is that senators should not make any law that infringes on the executive authority of the governors and their county governments. But, they promised senators they would back the creation of a forum in which all elected leaders in the counties will sit and agree on the development agenda.

Addressing a news conference at the Nairobi Serena Hotel, Chairman of the Council of Governors Isaac Ruto, in the company of Bungoma Governor Kenneth Lusaka, Tana River Governor Hussein Dhadho, Senate Majority Leader Kithure Kindiki said there was a truce on how the proposals would be prosecuted in the Senate. Busia Senator Amos Wako and Elgeyo Marakwet Senator Kipchumba Murkomen were also present.

Reworking draft

“We are really the same people. Sometimes, obviously, we read and may appear to be working at cross-purposes, but we are actually working together. The truth of the matter is we must come together in the counties,” said Ruto.

The governors’ chief said there was a way the Senate could still work on the draft law so that “it does not cause any contradictions”.

“For us, we don’t care who chairs this forum. The role of governors and senators can be reviewed. We can cede the chairmanship. We can take other roles. We will be careful as Senate not to antagonise our partners in devolution, and not to enact an unconstitutional law,” said Kindiki.

The County Government (Amendment) Bill, 2013 is under review by the Senate Committee on Legal Affairs and Human Rights. The chairman of the committee is Wako, who holds the record as Kenya’s longest-serving Attorney General.

Wako said the Senate committee had a date with the Commission for the Implementation of the Constitution to discuss all the issues on unconstitutionality that had been raised.

“We don’t believe the Bill is unconstitutional,” said Wako, as he noted that after the meeting with CIC on Tuesday, all the necessary amendments would be agreed upon.

Dignified debate

On his part, the Senate Majority Leader said the Senate did not want to grab powers from governors through the backdoor.

“At no time has the Senate attempted or even imagined that we can use powers given to us to undermine devolution. We exist to only do one thing, and that is to protect devolution,” said Kindiki.

Kindiki insisted the debate on the Bill should be “dignified”.

“If there are logical suggestions about the constitutionality of these things we’ll listen,” said Kindiki.

Murkomen said governors and senators did not want to form the body because of the money involved in travel and sitting allowances as the CIC had noted in its brief to the Attorney General.

“We want to disclose to you that we’re paid to go to the county. You can’t be paid extra again to attend a meeting that you have already been paid,” said Murkomen.

“We must never forget that our only clients as the Senate are the county governments and the counties. If we’re not working with them, then we have no other business. We will improve the Bill, we’re willing to listen and change as senators,” said Murkomen.

The County Government (Amendment) Bill, 2013 creates a county development board to bechaired by the senator. The governor will sit as the secretary of the board.

At the same time, a Senate committee now wants to arbitrate in the on-going fight over perks between the Salaries and Remuneration Commission, and the members of the county assemblies, who are currently on strike.

Oversight role

The chairman of the Senate Committee on Devolved Government Kipchumba Murkomen said the strike had crippled oversight in the county governments and threatened to derail the rollout of devolution.

“When our county assemblies are not working we’re actually killing devolution. There must be oversight in the counties,” said Murkomen at a news conference held on Friday at the Nairobi Serena Hotel.