Senators plot tough new laws to limit county spend

By ALPHONCE SHIUNDU and PAUL MUTUA

Kenya: The conflict between governors and senators appears to be far from over after the latter announced plans to amend the law to ensure the bulk of the money allocated to the counties is used for development projects.

The amendment to the Public Finance Management Act, if passed, will be the third law that the senators will have in place to establish fiscal and monetary discipline in each of the 47 county governments.

The worry for the senators is that most county governments had gone big on recruitment of staff, yet there were already staff in the counties – those who worked for the local authorities, whose assets the county governments have taken over; plus those seconded to the counties by the national government.

“There’s a misconception in the counties that the work of counties is to employ people. No! We don’t want layers and layers of employees. More money should be spent on development projects,” said Kipchumba Murkomen, the chairman of the Senate’s Committee on Devolved Governments.

Murkomen added that the Senate will “frustrate the bureaucracy” in the counties by reducing the recurrent budget to 40 per cent of the total allocation and having the development budget increased to 60 per cent of the total allocation.

The law as it is right now sets the minimum threshold on the development budget at 30 per cent of the total allocation.

There are two other Bills aimed at controlling operations of county governments which the Senate has approved and are awaiting the final legislative nod by the National Assembly.

The senators have worked on the County Governments Act to set up development boards for the counties and to guide governors on priorities within their respective counties. They have also amended the National Flag, Emblems and Names Act to strip governors of some of the symbols of power that they currently enjoy.

Devolution process

Senate Majority Leader Kithure Kindiki, Majority Whip Beatrice Elachi and Vice Chair of the Legal Affairs Committee Stephen Sang’ said the governors have to be on a short leash with respect to spending. They said if governors are not tamed they were likely to cripple the implementation of the devolution process.

“Unless this unnecessary expenditure on travel, conferences and hospitality is addressed, devolution as envisaged in the Constitution will collapse,” said Prof Kindiki, the senator of Tharaka Nithi County.

The senators spoke just a day after the Controller of Budget released a report showing that the county governments had spent Sh1.07 billion on domestic and foreign travel; Sh241.9 million on conferences and hospitality and Sh161.2 million on training.

The senators said it was “shocking” that 27 counties spent nothing on the development projects in the first quarter of the current financial year – between July and September 2013.

Ms Elachi added that the time had now come for the Auditor General to go to the counties to make sure that public funds are used properly.

“We need to find out if there’s value for money for the expenditure because these are taxpayers’ funds, not manna from heaven,” added Elachi.

The senators said in the next budget for the counties, the governors would have to account to the Senate how they spent the money that was allocated in the current financial year. They said so far, the governors had failed to show that they can help in service delivery.

Foreign travel

“With the current availability of information communication technology, we have to move away from the current practice of having public servants travel abroad just to see how things are done. We should not waste public funds on unnecessary foreign travel and conferences…there are cheaper ways of getting the same information without leaving the country. Foreign travel should take place only in times of extreme necessity,” said Prof Kindiki.

They also said the push by governors for palatial homes and posh offices, plus luxury vehicles and other unnecessary materials, might cripple the county governments.

“Governors must realise that they will have to make sacrifices in their first term as they lay the foundation for the counties and their governments,” said Sang (Nandi).

Political direction

Kindiki added: “You don’t need any experience – and the governors must know – that if you have 10 shillings you can’t spend nine shillings on travel and one shilling to do your core business.”

Meanwhile, the Coalition for Reforms and Democracy (CORD) will hold the second governors’ and senators’ retreat next week in Kisumu to come up with strategies to tame the Jubilee administration regarding the hindering of decentralisation of power.

CORD’s Deputy Leader and former Vice President Kalonzo Musyoka said a retreat planned for January 18 would implore counties controlled by the coalition’s governors to lead in the effective implementation of devolution so that the country can start enjoying the fruits of devolved systems.

Speaking during the burial of his grandmother, Nduki Kiteme, who died aged 117, at Mususya village, Kyuso district in Kitui County on Wednesday, Mr Musyoka said 2013 was a bad year for the CORD family and Kenyans at large.

“CORD will strive to show the country the right political direction as it sets its eyes on the top seat come 2017,” he said.

The former VP said they were optimistic that the future was bright for CORD, which was consolidating and strengthening itself.

Those in attendance included Kitui Governor Julius Malombe, his Machakos counterpart Alfred Mutua, nominated Senator Judith Sijeny, MPs Joe Mutambu, Mati Munuve, Kisoi Munyao, Richard Makenga, Patrick Makau, Daniel Maanzo, Makueni Woman Representative Rose Museo and several Members of the County Assembly led by Machakos Chief Whip Timothy Kilonzo.

Kalonzo revisited the controversial March 4 General Election, repeating that Kenyans knew clearly how they were deprived of victory.