Uhuru gives more powers to county commissioners

By Rawlings Otieno and Felix Olick

Nairobi, Kenya: The group picture of President Uhuru Kenyatta with officers of Government formerly called provincial administrators donning their formal gear of days gone by symbolising serikali (Government) stands out.

Taken on the front lawn of the Kenya School of Government, the picture echoes the past three governments Kenya has had, which rode on the back of the provincial administration chain — starting with the top “commanders” at Office of the President down to the PCs, DCs, DOs and chiefs.

Also prominent is the President’s statement during the event, where he was seen by critics to be bringing back the old and discredited provincial administration. In effect, the critics said, the President was disrespecting the second tier of government — governors and county executives and assemblies.

President Kenyatta opened a bitter row with governors by giving county commissioners substantial powers to implement programmes for the national government in the regions.

The president delegated 10 executive powers to the 47 county commissioners, including high-profile roles in security, alcohol regulation and roads management that reinforced their position as his point men in the regions.

The announcement by the Head of State prompted angry reactions from Governors who interpreted it as an attempt to impose the provincial administration on their counties and whittle down their influence.

President Kenyatta directed the county chiefs to ensure peace and security in their regions, coordinate the policies and programs of the national government and any other national functions that may be delegated to them.

Others are oversight of national roads management, policies and programmes at the county level and handling issues of alcohol and drug abuse and overseeing national immunisation programs.

Also included are anti-poaching measures and reading out speeches of the President or Cabinet Secretaries.

“I have given you the powers therefore, there is no reason for corruption. No reason or excuse. If you are in charge, you must be held accountable,” Uhuru told the public servants at the Kenya School of Government yesterday.

He spoke during the launch of two policies: Decentralisation of Human Resource Management in the Civil Service and a Framework for Strengthening the Delivery of National Government Functions at the County Level.

Shortly after Uhuru’s announcement, the Council of Governors (CoG) hit out at the Jubilee government for what they termed as an attempt to ‘reinstate the provincial administration as a more powerful monster.”

“We are going to study those new roles and decide whether to go to court,” declared CoG Chairman Isaac Ruto at a hurriedly convened press conference at the Boma Hotel in Nairobi’s South C.

Two centres of power

“The Governors by law are the chief executive officers of the counties and you cannot have two CEOs in a county,” added Mr Ruto.

The Governors claimed that there is a deliberate scheme to delay the transfer of Class D (and below) roads to counties so that funds are retained at the national level in the next financial year.

“The council will challenge this by all means necessary,” warned Nyeri Governor, Nderitu Gachagua. The Governors alleged that Interior Cabinet Secretary Joseph Ole Lenku had ordered the provincial administrators not to work with them.

Uhuru’s action to delegate powers is drawn from Article 132 (3b) of the Constitution and Section 7 of the National Government Co-ordination

Act 2013, which provides guidelines on how the President may coordinate and delegate functions to the national government officers.

“I will hold you responsible if the level of immunisation is low in your county. You have been given the ability to discharge your functions and so, there is no excuse and remember, none of us is indispensible,” Uhuru told the County Commissioners.

However, Governors maintained that Uhuru could only give executive powers to what is provided to him in law, adding that Kenyans had demanded the scrapping of the provincial administration. They maintained that the President was duplicating duties, pointing out that the County Government Act provides for Sub County officers and Ward administrators.

“This in particular is a manifestation of a multipronged approach to weaken devolution.” Ruto said adding: “Kenyans’ high expectation with this Constitution may fail.”

Personal accountability

The President warned that failure to implement Government policies and programmes would cost the commissioners their jobs. He cautioned them that they would personally be held accountable for any failure in the discharge of their duties as representatives of the National Government.

The tough talking Uhuru warned the county chiefs to deal with cattle rustlers and drunken teachers and to ensure that citizens get the required services at the county level in the shortest time possible.

This means that the County Commissioners will also cascade the heat to Sub-County Commissioners and the local administration to implement national government policies.

Uhuru challenged the Cabinet Secretaries and other senior public servants to manage their staff for maximum service delivery. “There should be no excuse that ‘I have been frustrated by my junior staff’. You must manage your staff. If any financial and human resources are mismanaged, you will be held responsible. Kama mimi silali hata nyinyi hamutalala (If am not sleeping, neither will you),” said the Head of State.

He told the Cabinet Secretaries and the Principal Secretaries that the authority given to them comes with great responsibility and is not for abuse.

He warned that public officers who make unfair decisions and abuse those that they serve would have the severest form of punishment and sanctions. In the past, ministers have often apportioned blame and responsibilities to their juniors whenever claims of mismanagement and issues of corruption arise.