‘Okoa Kenya’, ‘Pesa Mashinani: Itchy referendum debate

Kenya: The referendum bid mooted by governors and the Opposition was to address the many challenges that affected the country in 2014.

CORD and the Council of Governors (CoG) referenda Bills are on course and will be presented to the Electoral and Boundaries Commission (IEBC) early next year.

The two have affirmed their commitment to seek amendment to the supreme law, which they concur has some lapses. Council chairman Governor Isaac Ruto (Bomet) and Committee of Experts of Coalition for Reforms and Democracy chairman Paul Mwangi, say the Bills are ready, only being fine-tuned before being presented to IEBC.

The 'Pesa Mashinani' draft bill has prioritised eight issues they want addressed, key among them, increasing the county allocation from the current 15 per cent to not less than 45 per cent. The governors proposed the idea following the slashing of funds for Level Five hospitals and the shareable national revenue.

The popular initiative, seeks to get a clear methodology on sharing of national revenue between the two levels of governments.

Governor Wycliffe Oparanya (Kakamega) censured the national government, which he accused of withholding Sh104 billion meant for devolved functions.

Crucial sectors

"The national government is still holding funds meant for counties and this is affecting service delivery especially in crucial sectors such as health, infrastructure and agriculture," said Oparanya.

If this is approved, counties would get over Sh700 billion, including appropriations-in-aid and grants. The Constitution of Kenya 2010 (Amendment) Bill 2014, frames the issues governors want Kenyans to vote on in their bid to have allocation of national revenue to the counties increased, end the Members of County Assembly (MCA's) and MPs' alleged tyranny and devolve more services to the grassroots.

County chiefs want allocation to counties not only increased three-fold but the shareable revenue to include grants (non-repayable aid given by foreign governments and other financing institutions) and appropriations-in-aid (revenue spent and then deducted from approved budget by the exchequer). And to ensure communities enjoy a share of national wealth, the governors want counties to retain 15 per cent of oil, gas and other mineral income in their regions, with five per cent going to local communities, says the draft.

Governors also want the Sh3.4 billion Equalieation fund placed under their control, a proposal that opens up a fight with members of the National Assembly who have claimed the kitty. The draft Bill proposes to make it harder for the National Assembly to revise allocations passed by the Senate under the Division of Revenue Bill, which determines how the two levels of government share out national revenue.

To appease MCAs), governors proposed creation of a County Ward Development Fund anchored in the Constitution, but managed by the county government, not MCAs. The governors also want three of their colleagues represented in the Commission for Revenue Allocation (CRA), arguing this would enable them play a role in determining how much funds go to the counties.

Proposed clauses

The county bosses want article 43A amended to enable counties take over the management of national parks, game reserves and water towers within their boundaries. On security, governors want their role captured in law, and are also demanding that a special police unit be established at the county level, to answer to them.

They want the County Police Authority to be entrenched in law and not under the National Police Service, as is the case today.

Some of the proposed clauses seek to give counties an equal role in reviewing the national land policy, as the Constitution gives that role to the national government. The governors want the process of their removal from office, presently undertaken by County Assemblies and the Senate, to be done after the courts make a ruling on the same and voters directly involved in the exercise.

"This includes preliminary collection of signatures from 25 per cent of all registered voters," reads part of the draft Bill.

Governor Ruto, regretted that they had faced some misfortunes that slowed down the process:  "Our bill is ready, just some changes then it will be good. Due to unavoidable circumstances, this process slowed a bit but we are optimistic early January, we will be presenting it to IEBC."

The CORD's Okoa Kenya' bill, is also ready according to Paul Mwangi, who revealed it will be presented to the three principals Raila Odinga, Kalonzo Musyoka and Minority leader Moses Wetnagula (Bungoma) for consideration.

"After launching the most contentious issues over a month ago, we have finally compiled the views of leaders and the public. The principals will go through the draft Bill and give their views. It will also be a forum for the political class to further consult before its presentation to IEBC next year,"said Mwangi

Odinga stressed that many issues need to be addressed especially if devolution is to succeed: " Devolution is on trial. It must work and by doing so, the governors, senators and MCA's must be empowered. In our referendum, we seek to strengthen and empower the senate as the upper house. It is the only way that devolution will be effectively work."