It is clear Senate bid to amend law is selfish and misguided

By Susan Kihika

NAIROBI, KENYA: The promulgation of the Constitution on August 27th 2010 marked a turning point and a completely new governance dispensation for Kenya. New power structures and distribution, accountability institutions, governance system, independent offices and levels of government was ushered in by the 2010 Constitution.

The hitherto dim and more fused separation of power, which had progressively been eroded in the 1980s and 1990s, between the Executive, Legislature and the Judiciary was restored with respective accountability and integrity thresholds. This meant that Kenyans had voted to take back the power their leaders had been abusing over years without accountability to the electorate. This is captured in Article 1 of the Constitution “…the sovereign power of the Constitution rests with the Kenyan people.”

More importantly is the fact that the Kenyan people exercise the sovereign power at both National and County level as provided under Article 1 (4) (a) and (b).

Responsibility of planning, development prioritisation at county level is the preserve of the County Governments — the Executive and the Assemblies respectively.

Most counties are in the process of finalising this consultative and participatory process of preparing the Comprehensive Integrated County development plans. This is well detailed under the County Government Act 2012.

Equally, structures and avenues of consultations between the two levels of Government are well detailed in the Inter-governmental Relations Act 2012. The above background serves to show that there is a clear role definition, accountability, and well set processes that involve public participation and input for legitimacy, ownership and synergy in county development planning.

This brings me to the question of the proposed Amendment to the County Governments Act by Nandi Senator Stephen Sang to provide for a County Development Planning Board purportedly to be chaired by Senators and thereby reducing elected executive Governors to mere clerks. The Senate is part of Parliament, which also includes the National Assembly.

The Senate has a special responsibility under Article 96 of the Constitution of protecting the interests of the County Governments under the devolved governance system.

I view with consternation, dismay and frustration the proposed Amendment Bill as it is amounts to meddling in county governments’ responsibilities and a display of lack of understanding either of the law and or mandates by the Senator. Indeed, the Senate Speaker should not allow the Amendment Bill to be tabled or even debated as it would be an affront to devolution and its devolved structures under the Constitution and devolution facilitating legislations.

I welcome the sentiments of Commission for the Implementation of the Constitution Chairman Charles Nyachae, deriding the Senator and his proposed Bill as out of order, unconstitutional, ill-advised, and fashioned to settle personal agendas rather than help devolution grow.  I conclude by telling the Nandi Senator to review his misguided Bill, do his research well and initiate a legislation that supports and compliments devolution, letter and spirit of the Constitution. I am sure even the National Assembly is not supporting this quest for power by Senators.

Let the proposed Amendment Bill, therefore, be withdrawn forthwith and for members of the Senate to respect Article 96 of the Constitution. Continued debate of this Bill would amount to double-speak on part of the Senate — defending the Division of Revenue Bill for Sh258 billion against the Sh210 billion currently financing the County development programmes. Whatever the intentions, the Bill contains a potential skunk for Governors and County Assemblies and smirks of mischief. County Governments, County Assemblies and indeed the public won’t sit back and allow the fidelity of the devolution law and the Constitution to be attacked through such self-serving avenues and schemes of self-aggrandisement.