This is the right time for a referendum

So far the referendum debate has been very healthy. The dialogue that has been taking place and the fact that people are free to air their views without suppression is a form of direct democracy.

The opponents of this initiative argue that we have just concluded a General Election therefore we cannot subject the country to another election.

Others argue that the idea has been hijacked by people from the Cord coalition. Yet others argue the county governments should first utilise the funds given before they request for more.

In my view there are some assertions that are not truthful. First of all, a referendum is not a General Election. We are not electing any individual or group of people, but instead we are subjecting a section of the Constitution to a test to fix an anomaly.

In countries like Switzerland, a referendum is conducted on almost any major national issue including whether mosques can have minarets.

Secondly, this referendum is not necessarily a plebiscite on the current leadership. We are not saying we keep or vote out the Jubilee-led Government.

The initiative by the Council of Governors to push for a referendum is to correct where the council of wise men otherwise known as the Committee of Experts who drafted the Constitution might have missed.

In this, we take cognisance of the fact that they are human. Definitely, when one looks at the position of the Senate and that taken by the National Assembly, it is very clear under the current circumstances that the Senate as constituted is a toothless bull dog.

The Senate was created to protect the interest of the counties. However, a hostile National Assembly that is answerable to no one is now shooting down any attempt to empower the counties.

In the case of Isiolo County, the allocated Sh2.4 billion by the Commission for Revenue Allocation is barely enough to pay for the salaries of the defunct county council staff, new county staff, and the wages of the staff transferred from the National Government to the county government.

The wage bill alone of the staff transferred from the National Government stands at almost Sh1 billion.

This does not include other recurrent expenditure items. That means development funds get severely constrained. In my view, this referendum should be about correcting the anomalies such as the weak Senate, and allocating more funds for development to the counties.

Right now, MP’s are able to manipulate anybody in the country to increase their salaries at will, but they have really never questioned why the National Government is keeping Sh103 billion for street lighting, slum upgrading and all that, functions that have been transferred.

Governors (from all persuasions) are right in demanding to correct the mistakes in the Constitution.

Even though the opponents of the Constitution argue that we are just fresh from a General Election, I am afraid we might be forced to rethink this stand in a few years, and then that will be a plebiscite on the sitting Government.

Right now the thinking of the governors from across the political divide is the same on this issue. The proponents of this referendum are aiming at changing three clauses of the Constitution.

The first one is on the role of the Senate. As per Chapter 96 of the Constitution, the Senate is required to represent the interest of the counties in Parliament.

The senate is also expected to debate and approve bills on county revenue allocations. Judging from recent events, the Senate has not been able to do any of the above.

The Revenue Allocation Bill granting the counties Sh210 billion was passed into law by the National Assembly despite protests from the Senate.

Seemingly afraid of antagonising the National Assembly, the President assented to the Bill. In other words, the Senate cannot make laws for the counties or take care of the interests of the counties.

The second clause that governors want changed is one that reinforces the separation of powers between the Executive and the Legislator.

The law as it is now gives room for ambiguity. The National Assembly that is supposed to play an oversight role, yet also plays an Executive role through the Constituency Development Fund cannot sufficiently serve the interests of county governments.

The Supreme Court was unable to change this fact and I believe a referendum will cure the anomaly.