MCAs win big in governors' push for change of law

Governors enticed Members of County Assemblies (MCAs) with goodies as they launched their own initiative to amend the Constitution.

The governors' initiative proposes more cash to counties and alters the governance system.

The Ugatuzi Initiative proposes counties receive not less than 45 per cent of previous year’s national revenue, 30 per cent of proceeds from natural resources, and compels the national government to ensure each county must have either a cabinet minister, deputy minister or principal secretary.

Through their Ugatuzi Initiative, the county bosses have recommended appointment of a premier who will be head of government, two deputy premiers, a Cabinet appointed from among MPs with at least one-third picked from outside Parliament and reintroduces assistant ministers.

Popular initiative

Since they hope to amend the Constitution through a popular initiative that requires support of at least one million voters and backing of at least 24 counties, they propose to give county assemblies financial autonomy through establishment of a County Assembly Fund and grant MCAs benefits applicable to MPs which essentially means higher perks like car grants and low-cost mortgages that they have clamoured for.

In yet another bid to placate MCAs, the governors want the Equalisation Fund to be distributed to the counties by the Commission for Revenue Allocation (CRA) and be implemented at the ward level.

Their referendum push adds to the Punguza Mizigo that is currently being considered by assemblies, and Building Bridges Initiative (BBI) whose report is about to be concluded and handed to President Uhuru Kenyatta and Opposition leader Raila Odinga.

Speaking yesterday in Nairobi at their Council of Governors (CoG) offices, the governors proposed a national executive comprising of Head of State, Deputy President, Prime Minister as head of government and two Deputy Prime Ministers.

The Cabinet shall consist of not more than 18 ministers and 22 deputies also picked from among MPs.

CoG chairman Wycliffe Oparanya said the proposals aim at strengthening devolution at grassroots.

“We are ready to work with everybody. We will ensure the strengthening of revenue allocations at the county level,” Oparanya said.

Kisumu Governor Anyang' Nyong'o said they have finalised the structures of the proposal but more details will be given when CoG comes up with the draft Bill.

Makueni Governor Kivutha Kibwana trashed Punguza Mizigo initiative, saying the Bill was a little bit attractive but does not meet the constitutional threshold since it is academic. 

To achieve gender parity, the council is proposing that appointment of cabinet secretaries, deputy cabinet secretaries and principal secretaries of Parliament should meet the two-third gender rule and representation of special interest groups. 

The governors are proposing that out of the not less than 45 per cent equitable share the counties will receive, a ward equitable development fund of 30 per cent of the current county development budget be rolled out.

They also propose a five per cent of the county share reserved for special groups among them youth, women, People With Disabilities and other marginalised groups as computed by CRA.

They also want two per cent of the revenue to be allocated to the Judiciary fund.

On sharing of revenue from natural resources, the governors propose that all contracts related to exploitation of resources be made public.

The county bosses propose that 70 per cent of the proceeds from the natural resource go to national government while 25 per cent and 5 per cent go to host county and the communities respectively.  

The governors further want Parliament to adhere to the technical recommendations by the CRA regarding division of revenue between the national and county governments.

The county bosses propose that any deviation by Parliament shall not exceed three per cent of the recommendation of the CRA.

Financial autonomy

For the county assemblies to enjoy financial autonomy, the governors propose the establishment of the County Assembly Fund to exist alongside County Revenue Fund.

The county chiefs, upon the enactment of the County Appropriation Bill, propose immediate direct transfer of the county assemblies funds to the assemblies account at CBK.

Other provisions include giving powers to National Treasury to be established as an independent institution to serve both levels of governments.

The governors further proposed two IFMIS systems – one for the national and the other for county government.

On electoral reforms, the county bosses propose that the Independent Electoral and Boundaries Commission be devolved to the 47 counties.

They also want elections of MCAs, governors, senators and MCAs be conducted and concluded at the county level.

They also propose the abolition of independent candidates.

They also propose that one must be an active party member for at least one year ahead of primaries to promote party discipline.

And for one to participate in elections, the governors propose that only Kenyan national identification card shall be required for voting. 

The governors also are pushing for establishment of independent political parties commission which shall be tasked with registering political parties, carrying out party audits, regulating campaigns, supervising party nominations and ensuring discipline.

On security matters, governors propose that county government should be represented in the national security meetings.

The county bosses further propose the establishment of County Policing Authority which shall be formed within the constitutional framework, with each county having its own county police services.