Okoa Kenya, Pesa Mashinani table vote strategies

NAIROBI, KENYA: In a bid to court mass support, movers of the twin parallel referendum push have drafted Bills that incorporate issues deliberately meant to either bait or appease key constituencies among the voting blocks.

The centrepiece for the governors’ and Coalition for Reforms and Democracy’s proposed referendums is scaling up allocation to counties to at least 45 per cent of national revenue collected in the preceding financial year - tactfully intended to resonate with voters as it is seen as more funding to grassroots development.

Juicy offers are also earmarked for politicians because of the critical role in deciding the fate of the Opposition’s Okoa Kenya and governors’ Pesa Mashinani bills either in county assemblies or Parliament.

A ward development fund at five per cent of national revenue (Okoa Kenya) and three per cent (Pesa Mashinani) is set aside for Members of County Assemblies (MCAs) given a draft Bill requires the support of at least 24 counties. Without the support of the county assemblies, the referendum effort may flop due to failure to meet this constitutional threshold.

The architects of the referendum campaigns have also sought to appease communities. The governors’ Constitution of Kenya (Amendment) Bill (2014) proposes that 15 per cent of proceeds from minerals are allocated to the county and communities (five per cent) where the mining is carried out.

Okoa Kenya attempts to tap into discontent about skewed distribution of public service jobs with proposals that communities be allocated quotas in the civil service.

Both teams also agree on the need to increase the role of counties in the management of education affairs in the country. However, keen not to put off teachers, Okoa Kenya initiative has proposed to leave the hiring and management of teaching staff to the national government while counties will have a role in infrastructure and appointment of management boards.

Okoa Kenya wants to provide for quotas for each community in public service at the national level. Provision for 30 per cent positions in the public sector and private companies doing business with government to allocate to minority communities while no single community shall occupy more than 15 per cent in one department or institution.

 STATE AGENCIES

“We are not trying to entrench tribalism but provide a legal mechanism to ensure small and marginalised communities occupy their rightful place in State institutions. This will also ensure that big communities occupy positions according to their population size,” Okoa Kenya Committee of Experts chairman Paul Mwangi explained.

On the Judiciary, CORD wants to keep the President off the appointment of Chief Justice, Deputy Chief Justice and judges. This should only be done by Judicial Service Commission and in case of CJ and DCJ, the commission to forward names to Parliament for vetting and approval before appointing them.

They also want the time for filing documents in a presidential election expanded from the current 14 to 30 days while the Supreme Court is given powers to vet all bills from National Assembly and Senate within 30 days of their enactment to determine their constitutionality before they are implemented.

Governors in the Constitution of Kenya (Amendment) Bill, 2014, have a basketful of offers for the Senate, county assemblies and communities.

The scheme also includes laying ground for re-election of the governors.

The governors and Okoa Kenya team are trying to entice MCAs to back their bid, by establishing a County Ward Development Fund, which shall be administered by the county government. “For every financial year, at least three per cent of the equitable share of a county government shall be paid into the Fund,” reads the Bill.

Both teams have planned to market their initiative in phases, which include public rallies. Governors’ activities were however slowed down by the death of the daughter of their council’s chairman, Isaac Ruto.

Governor Ahmed Abdullahi Mohammed (Wajir) said the Bill will be tabled before the Council of Governors for approval.

“Council’s approval will be required as there are a lot issues being addressed, after which it will require 24 county assemblies to approve the Bill and only need a simple majority in either House of Parliament,” said Mr Mohammed.

He however noted if the Bill is not passed by the assemblies, the law stipulates that two thirds majority in Parliament will be required to pass it.

Peter Wanyama, a member of the committee of experts drafting the Bill explained they incorporated keys issues of major concerns for the public.

The law proposes to Amend Article 203 of the Constitution to ensure counties receive not less than 45 per cent of the most recent audited accounts of the revenue received by the exchequer the preceding Financial Year.

The push for increased allocation, if successful, might result in counties getting close to Sh777 billion.

Other proposals include having the national government disburse the Sh3.4 billion Equalisation Fund on the basis of the recommendations of the Commission on Revenue Allocation (CRA). “The fund has not been released to counties and now Parliament is scheming to take over the management,” explained Wanyama.

GOVERNORS’ TENURE

Governors want the membership of CRA expanded to include three governors.

They want the annual Division Revenue Bill to be a special one concerning counties, requiring 90 per cent of legislators to effect changes instead of the present two-thirds majority.

This will mean 314 members of the National Assembly will be required to revise allocations by the Senate.

Governors are pushing to ensure their tenure in office is guaranteed, by ensuring their removal and their deputies from office shall only be initiated upon a judgement by the High Court confirming the grounds.

“A Motion seeking the removal of the governor shall be preceded by signatures of at least 25 per cent of all registered voters in at least half of the wards in the county,” reads part of the Bill.

The governors want counties to retain 15 per cent of oil, gas, mineral income and  five per cent to go to local communities through counties.