MPs go further in bid to control county cash

By GEOFFREY MOSOKU

Members of Parliament have moved to further sideline governors by creating two more boards at the county level to control spending on projects.

The MPs are now proposing to create a sub-county development board that they will chair and a ward development board to be headed by a member of the county assembly.

The two will operate under the County Development Board chaired by the senator with the governor as a secretary. In what may turn out to undermine the spirit of devolution, MPs have proposed the amendments to the County Governments Act 2012 to ensure that they divide the monies sent to counties equitably across constituencies within a county and reduce the roles played by governors.

All elected members of the National Assembly within that county, and any of their nominated colleagues who are registered voters in the same county, woman representative, deputy governor, leader of majority and leader of minority of the county assembly, and chairpersons of the county assembly committee on Finance and Budget will be members of the County Development Board.

County Public Service Board chairperson and County Commissioners will be ex-officio members.

Section 91 (2) (e) states that the board; “consider and make recommendations to the county annual budget before it is tabled before the county assembly for approval.”

COURT CASE

The Standard has established that MPs plotted to take control of these funds following fears that a case lodged at the High Court challenging the constitutionality of the Constituency Development Fund (CDF) may go against them if the court declares the kitty unconstitutional.

In both the Sub-County Development Board and Ward Development Board, the governor will be allowed to sit only as an ex-officio member.

In the proposal, the MPs have given themselves powers to appoint four members to the sub-county development board.

These will include one male, one female, one youth and one person representing persons with disabilities.  Deputy County Commissioners (DCs) falling in one constituency and the respective governor shall be ex-officio members.

MPs now say the powerful board will have power to determine how the county cake is shared. 

The governor will only present estimates to the county board that shall allocate him monies for the recurrent expenditure.

However, allocations meant for development expenditure shall be shared equitably amongst constituencies in a county.

For instance, if the law is passed, in Nairobi, the board to be chaired by Senator Mike Sonko shall allocate governor Evans Kidero monies meant for recurrent expenditure but share amongst the 17 constituencies all other monies meant for development vote.

After each MP has received his/her share, then they shall convene their respective sub-county development boards to allocate the funds to various projects at the ward level.

This will then pave way for MCAs to convene meetings for their respective ward development boards to consider and make recommendations for approval at the assembly.

The legislators want the new board to be in place within a month of the enactment of the amended Act, perhaps to show the urgency with which they want to push their grip on the county funds.

EMBROILED IN FIGHT

Governors who have been embroiled in a fight with the senators and MPs have vowed to block the law in court if the amendments are passed and assented to.

“We will not accept this and we are ready to return to court to fight for what is ours.  The work of MPs is to legislate and such laws will be deemed unconstitutional,” Busia Governor Sospeter Ojaamong said.

Already, the MPs are seeking to control another 3.4 billion fund meant for devolution through a bill that wants money from the Equalisation Fund channelled to the grassroots though constituencies and not counties.

The fund was introduced to cushion 14 disadvantaged counties from lagging behind their counterparts who are better endowed economically.

MPs support the Constitution (Amendment) Bill 2013 sponsored by Samburu West MP Lati Lelelit that seeks to amend Article 204 of the Constitution to hand over the management of the fund to MPs through the Constituency Development Fund (CDF).

The legislators are also currently debating a bill that seeks to deny governors the privileges such as flying a national flag and tittles of “His Excellence” following the ongoing supremacy battle.

Yesterday, an MP who sought anonymity said that the ‘MPs were fighting for their own survival’ since giving all the billions to governors will reduce the legislators’ influence at the grassroots.

“Imagine you give a governor Sh5 billion and nothing to an MP then you expect an MP to be applauded at a meeting where he talks about various legislations against a governor who is dishing out the development carrot. Can it work,” the ODM MP asked.