The new Council of Governors (CoG) chairman Peter Munya is determined to protect devolution. As he takes over from Bomet Governor Isaac Ruto, Munya is counting on Kenyans to scuttle forces seeking to wither devolution fortunes.
The Meru Governor raises concerns over some legislation passed by the 11th Parliament. In his first in-depth interview since his election, Munya told The Standard on Sunday that MPs have passed more than 20 Bills that seek to quietly take some functions of county governments back to the Nairobi.
He cites the latest stand-off between governors and Parliament on recommendation by the National Assembly’s Committee on Implementation that county governments cede their handling of the Health docket back to the national government.
Below are excerpts from the interview.
Question: What is your priority following your election as CoG chairman?
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Answer: I want to ensure devolution succeeds. I will earnestly push for devolution of resources and functions to the grassroots to enable county governments deliver services to the people.
In your view, what have been the greatest dangers to devolution in the past two years?
Retrogressive forces in the National Assembly are bent on eroding gains since devolution took effect. As you may know there are over 20 legislations passed in Parliament to sneak some county government functions back to the national government. Some of these legislations have already been signed into law by the President.
You have assumed the CoG chairmanship at a time the Kenya Association of County Governments bringing together governors, county speakers and members of county assemblies (MCAs) has been registered. How will the two organisations relate?
The two have their distinct roles and objectives. Where roles are complimenting, then that is normal for intra-governmental relations and there is no problem with that.
What do you expect from the Inter-Governmental Relations Technical Committee set to take over from the Transition Authority when it stands dissolved by March 2016?
It is my hope that the committee will improve relations between the two levels of governments so that we have seamless flow of information, co-operation and understanding as anchored in the law.
There has been a stand-off over the Division of Revenue Bill between the Senate and the National Assembly. What is your take on the percentage of funds to counties being anchored in the Constitution through a referendum?
If the national government remains adamant on not devolving funds to county governments in acceptable ratios, the only redress is a referendum.
The CoG wants regional development authorities and some eight water services boards dissolved and their services taken over by counties. Are you going to push for that?
Yes indeed. Duplication of functions or refusal by the national government to devolve functions shall be met with equal force. Water is a fully devolved function and this duplication of functions is designed to underfund the same function at the county level. It is unacceptable and these water services boards must be devolved to counties complete with their allocated resources.
Have all devolved functions been transferred to counties. If not why the delay and what are you going to do about it?
Not all functions have been devolved as envisioned in the Constitution. This is because of some dark forces against devolution. As chairman of CoG, l will firmly champion devolution of all functions and resources as envisioned in the Constitution through legal provisions and other necessary means.
Comment on the issue of governors demanding more security roles and the demand by MPs that Health services revert to the national government.
The practice the world-over is that security is a shared function. The rule of complementarity must be employed to defeat security challenges in this country. As for those talking of a parliamentary committee to revert health to Nairobi, that is a bad dream and we shall not allow it to happen. They do not even know what they are talking about. Let them understand the law surrounding reverting any devolved function to Nairobi.
Cases of corruption in counties are common. How can this be fixed and what are other challenges facing county governments?
Firm application of the rule of law is the only saviour that can arrest corruption anywhere in the world. Other challenges of note facing county governments is a rigid national system that does not want to see devolution succeed.
There are attempts to have other counties such Narok and Kisumu dissolved just like Makueni County whose proposed dissolution is already being handled by a tribunal set up by the President. What is you comment?
Dissolution of counties is a long tedious process, and is indeed the last resort for county governments. Dialogue is the key before escalating to such levels which cause instability in counties and scare away investors.
A number of counties are engaged in tussles over boundaries. What is the solution in your view?
The boundaries within this country have not been reviewed for some time now. The Constitution clearly marks boundaries of all 47 counties. It is prudent to sit on a round table and study the boundaries as marked in the Constitution.
