Makueni could become the first county government to be suspended and placed under a caretaker team appointed by the President after protracted leadership wrangles between the executive and county assembly.
President Uhuru Kenyatta Thursday received the report of the Commission of Inquiry that investigated the leadership wrangles and which recommends the suspension of the Makueni County government.
Within seven days, if the President is satisfied that justifiable grounds exist for suspension of the county government, he will forward the report and the recommendations of the commission, together with the petition for suspension of the county government to the Speaker of the Senate.
The Senate is expected to consider the motion within seven days and if senators by a majority approve the resolution, the President shall suspend the county government for a period not exceeding 90 days.
Beyond 90 days, fresh elections will be held but the Senate can lift the suspension at anytime before expiry of that time frame.
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During the suspension, there would be no county assembly sittings.
Although the speaker as well as members shall remain in office, they will only receive half their benefits.
Equally, the governor, deputy governor and members of the executive committee shall also receive half of their benefits.
The functions of the county executive committee shall be undertaken by an interim county management board.
President Kenyatta received the report from the task force chaired by Mohammed Nyaoga Thursday at State House, Mombasa.
The commission cited five grounds that informed the decision to recommend to the President that the county government be suspended for a period of 90 days as provided for in the County Government Act.
State House Spokesperson Manoah Esipisu said the President will, in a week, render his decision on the report and its recommendation.
Public hearings
The task force held public hearings in the sub-counties and collected evidence from 7,000 witnesses out of which 93 per cent resulting in the action they took.
The reasons advanced in report noted that the differences between Governor Kivutha Kibwana and the members of the county assembly (MCAs) are irreconcilable.
The task force discovered MCAs sit in seven to 12 committees where they claim sitting allowances despite the governor’s opposition.
Mr Nyaoga told The Standard on phone that they established there were exceptional and serious issues touching on the county.
“The President gave us six months to inquire into the petition, we have delivered our report within three-and-a-half months. We took time to settle down and start the process because we had to put up structures and a code of operations,” said Nyaoga.
When contacted, Senate Minority Leader Moses Wetang'ula (Bungoma) said the task force just gave recommendations and the final verdict lies with the Senate.
“We will treat this report fairly and justly, taking into account the provisions of the law. We will consider the facts available and the interests of the county as the Senate seeks to defend and entrench devolution,” said Mr Wetang'ula, who is also the Coalition for Reforms and Democracy (CORD) co-principal.
Senator Mutula Kilonzo Jnr (Makueni) affirmed that the residents have overwhelmingly spoken, and they want the county dissolved.
“The President has seven days to send the report to the Senate, which also has seven days to dispense it. Upon receipt of the same, the Senate will either pass or reject it,” said Mr Kilonzo Jnr.
He noted that the proposed disbandment of the Makueni County government, if effected, will be the first of its kind under the new Constitution.
Senators expect Speaker Ekwee Ethuro to issue directions or convene the House as soon as he receives the report from the President. Members of the commission included Nyaoga, lawyer Taib Ali Taib, Johnston Kavuludi, Emily Gatuguta, Prof Harrison Maithya and Alice Wairimu Nderitu.