Makueni Governor Kivutha Kibwana: I respect voters' wish to dissolve my government

Makueni Governor Kivutha Kibwana feels vindicated by the decision to recommend suspension of his county government as recommended by a commission that was investigating a people’s petition.

The Mohamed Nyaoga-led commission, appointed by President Uhuru Kenyatta in March this year, handed over its report on Thursday recommending the suspension of the county government. The report cited irreconcilable differences between the County Assembly and the Executive, which had rendered the county administration totally dysfunctional.

Addressing the press in Wote Town on Thursday, Prof Kibwana, flanked by his deputy Adelina Mwau, said he had accepted “the people’s wish” with no regrets.

“The people of Makueni who pushed for dissolution should be proud as they will go into the history books as a people who fought for good governance and protection of public resources and won the fight,” Kibwana said. “The people are true custodians of devolution and our people have proved themselves to be worthy defenders of devolution.”

Kibwana noted that the verdict should serve as a lesson to all county governments to be accountable to the people. The two county leaders said that should the Senate and the President uphold the commission’s recommendation, they will accept the decision.

“It is not an issue of whether or not I and Adelina will be voted back. It is a case of leaders being accountable to the people,” Kibwana stressed.

During his testimony to the commission, Kibwana pushed for the dissolution of the county government and argued that the administration was “hopelessly dysfunctional” owing to endless wrangles pitting him against Members of the County Assembly. In their testimony, however, the assembly led by Speaker Stephen Ngelu strongly opposed dissolution and instead advocated for reconciliation. After the commission wrapped up its sittings however, the protagonists struck a cordial working formula.

Speaker Ngelu told The Standard on Saturday that although the assembly accepted the commission’s verdict, most of the issues raised by the petitioners had been overtaken by events. “From where I sit as the head of the legislative arm of the county government, our relationship with the governor, and generally the executive is now cordial. There is now peace in Makueni and it is peace that is going to prevail all through,” Ngelu said.

He said the protagonists were now working amicably without any friction. “Most of the issues raised by the petitioners are now behind us. Our working relationship is now at its best,” he added.

The assembly Majority Leader, Francis Mutuku, said having resolved their differences, the two groups would petition the Senate to overlook the commission's recommendations.

“All is not lost. We are banking on the Senate and the President to overturn the recommendations. We will approach them as a team and tell them why the county government should not be dissolved. They have to reconsider that decision,” said Mutuku.

According to Article 192 of the Constitution, the Senate has a 90-day window to terminate the suspension of a county government if there are valid reasons to do so.

 Makueni Senator Mutula Kilonzo Jnr, who acknowledged being aware that the two warring sides have reconciled, said they can use the 90-days window to convince the Senate to lift the suspension.

“If they want to petition the Senate, they are at liberty to do so. The law on suspension of county governments suggests that the Senate can terminate the suspension before expiry of 90 days. They can persuade the Senate to terminate suspension before elections are called by the Independent Electoral and Boundaries Commission. I, however, blame them for waiting for this process to get to this stage and then suggest reconciliation,” Mutula Jnr said.   However, if there are no grounds to lift the suspension, the county government will stand dissolved at the expiry of 90 days. The IEBC will then call for fresh elections. In March President Uhuru Kenyatta appointed a six-member tribunal  to investigate a people’s petition that called for dissolution of the county government.