Senate wants to amend the County Governments Act to emasculate the President over the suspension of the county governments following the commission of inquiry recommendations.
The Bill by Makueni Senator Mutula Kilonzo Junior, the County Governments (Amendment) (No. 2) 2017, seeks to ensure the Senate, which is constitutionally mandated to protect interests of the counties and their governments, receives the report of a Commission of Inquiry, regardless of the recommendations.
“Senate should have the last word on suspension of a county government. That the President decides on the fate of a county government to the exclusion of Parliament beginning with formation of a tribunal then solely decides on the report without any reference to anyone is dangerous to devolution,” Kilonzo Junior told Saturday Standard.
He observed that the Amendment Bill will also provide for suspension of a county government under Article 192(4) of the Constitution which is currently not provided for in the County Governments Act.
“The presidential powers can be used to overturn the will of the county or manipulate the devolved unit and as the Senate we cannot agree to that since we have the sole mandate to protect counties, thus the amendment to the Act,” he stated.
In September 2015, a commission of inquiry led by Mohammed Nyaoga recommended the suspension of Makueni County Government following protracted wrangles between the executive and County Assembly.
But Mutula Jnr notes; “The Nyaoga Commission spent millions of shillings in five months and in the end the report was rejected and no one knows (officially) of the recommendations. Can we justify such discretion? I am aware there were legislative amendments proposed and it is the Senate that would have put these measures in place.”
He is seeking amendment of the County Government Act so as to provide for the procedure of disposal of a report of a Commission of Inquiry established under section 123(4) of the County Governments Act, 2012, and in particular, to govern scenarios where a Commission of Inquiry does not recommend the suspension of a county government or situations where the President is not satisfied that justifiable reasons exist for the suspension of a county government.
“The impeachment of then Nyeri governor the late Nderitu Gachugua and Muranga’s Mwangi wa Iria would have been avoided. I made specific request for direction to then Senate Speaker Ekwe Ethuro and in a considered opinion, the speaker ordered for the tabling of the report through the Majority leaders and we went for the elections before that was done. This is serious,” he said.