MCAs warn that sour relationship with governors is a time bomb

Senate Legal A?airs Committee led by Chairman Stephen Sang, Deputy Speaker Kembi Gitura and member Mutula Kilonzo Jnr at County Hall, Nairobi yesterday when they met MCAs. [PHOTO: BONIFACE OKENDO/STANDARD]

NAIROBI: Members of County Assemblies (MCAs) have accused governors and the Judiciary of interfering with their legislative and oversight role.

The county legislators said they have been reduced to “mere councilors” and “rubber stamps” for the county executives and were not accorded respect at the grassroots.

They took issue with the string of court orders obtained by governors, their executives and county speakers to continue staying in office despite assemblies passing impeachment motions.

The MCAs admitted they lack the capacity to oversee the governors and their executive as they lack financial muscle to challenge them in court.

This emerged Thursday during a meeting between the Senate committee on Legal Affairs and Human Rights and committees from five county assemblies on challenges and hopes for devolution.

The county legislators registered their frustrations in carrying out their constitutional mandate, accusing governors of refusing to facilitate their activities and implement legislation passed by the assemblies.

DEVOLUTION PILLARS

Committee chairpersons Jaffer Kasam (Nairobi), Benjamin Lopetet (Isiolo) Liza Zakaria (Makueni), Jimmy Ondari (Mombasa) and Geoffrey Maore (Meru) warned that the differences between the assemblies and executive is a time bomb, which if not arrested will explode.

“Our frustration cuts across all counties. Despite assemblies being pillars of devolution, the courts have rendered us ineffective. Our powers as stipulated in the Constitution continue to be watered down by the courts in favour of governors and their executive,” Mr Kopetet said.

He continued: “The tug of war between the assemblies and executive is ongoing as courts continue to grant them a lifeline therefore denying us our constitutional mandate to legislate and have oversight.”

He noted that in Isiolo and Makueni counties, Speaker Mohammed Tubi and Governor Kivutha Kibwana have obtained temporary orders to continue serving in their respective capacities. Mr Kassam accused Nairobi Governor Evans Kidero of arm-twisting MCAs to back executive bills, while those deemed contrary are not implemented.

“We are being used as rubber stamps. We want the immediate indulgence of the Senate to legislate on this matter. We have little co-operation from the executive,” he said.

Mr Ondari said if the trend by the governors and Judiciary continues unabated, assemblies will be crippled.

“We have been reduced to beggars. We have no facilitation to effectively discharge our roles. How can we oversee a governor who earns six times our salary and has the finances to manipulate the outcome of every probe?” asked the county legal affairs chairman.

He defended his colleagues from claims of being impeachment ‘happy’, saying they have been forced to take that route following frustrations from the executive.

“Governors and executive officers behave like demigods. The relations between us are very bad. Assemblies should be more powerful than the executive but this is not the case. Governors are calling the shots,” he said.

Senators urged MCAs to continue partnering with the Senate to build capacity and discharge their constitutional mandate. Deputy Speaker Senator Kembi Gitura challenged them to fight for their space.