By FELIX OLICK
Legal experts have warned that MPs and senators risk violating the Constitution following the war that they have waged against governors.
Lawyers who spoke to The Standard maintained that the design of the proposed County Government (Amendment Bill) must adhere to the spirit of the Constitution Kenyans overwhelmingly endorsed in 2010.
“We still do not know the design of this proposed law,” said Law Society of Kenya chief executive Appollo Mboya. “But remember that roles of governors and senators are outlined in the Constitution. If the functions of governors are watered-down in any way, that would be unconstitutional.”
MPs and senators are pushing to have their way in the management of county resources by being part of the development committees. The legislators have rested their hopes on the enactment of the County Governments Bill 2013 that proposes the establishment of the committee to be chaired by a senator, with MPs being members.
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Yesterday, Commission for the Implementation of the Constitution (CIC) chairman Charles Nyachae (pictured) faulted Parliament for threatening to starve counties cash by failing to pass the Division of Revenue Bill. “It’s important to emphasise that non-attendance by governors to the summons by Senate is pursuant to a legitimate court order and should, therefore, not be the basis of any action against the county governments in their entirety,” he said.
Nyachae noted that the Constitution sets out the procedure to be followed if a governor misuses public funds, adding stopping funding would be blatantly unconstitutional and abuse of office.
“In any event, failure to pass the revenue bills will lead to massive suffering of the citizenry who, in an ideal situation, the MPs represent.”
