RIFT VALLEY HAS THE LION'S SHARE

Kenyans will choose six elected representatives at every general election if the proposed constitution is passed. Under the current law, voters only cast their ballots for a president, member of Parliament and councillor.

But according to Chapter Eight of the proposed constitution that provides for two tiers of government — national and county — the electorate will also vote for a senator, a governor and a women’s representative.

Unitary system

Mr Nzamba Kitonga, chairman of the Committee of Experts, said the two-tier government was a compromise for those who wanted a three-tier and a unitary system. “The current system in the proposed constitution that was arrived at by the Parliamentary Select Committee ensures that resources are made available to the grassroots level without raising fears of balkanisation that had been raised over a three-tier system,” he said.

The system also opens up representation to hitherto sidelined groups like women, the youth, workers and the disabled. The national government shall comprise the National Assembly and the Senate. The National Assembly will have 350 members who will include 290 elected MPs, 47 women, one from each county, 12 nominated MPs who shall represent special interests including the youth, persons with disabilities and workers; and the Speaker, who is an ex-officio member.

The Senate will have 68 members. It will have one representatve from each of the 47 counties; 16 women members who shall be nominated by political parties according to their proportional strength in the Senate; two members, one man and one woman, representing the youth; two members - one man and one woman - representing persons with disabilities; and the Speaker, who shall be an ex officio member.

Rift Valley Province has the lion’s share of counties with 14 of the 47 to be created. They are Turkana, West Pokot, Samburu, Trans-Nzoia, Uasi Gishu, Elgeyo-Marakwet, Nandi, Baringo, Laikipia, Nakuru, Narok, Kajiado, Kericho and Bomet. With eight counties, Eastern Province is the second largest. They are Marsabit, Isiolo, Meru, Tharaka-Nithi, Embu, Kitui, Machakos and Makueni.

Coast Province

Coast Province follows with six counties; Mombasa, Kwale, Kilifi, Tana River, Lamu and Taita Taveta. Nyanza also six counties namely Siaya, Kisumu, Homa Bay, Migori, Kisii and Nyamira while Central Province has five counties; Nyandarua, Nyeri, Kirinyaga, Murang’a and Kiambu. Western province has four counties, Kakamega, Vihiga, Bungoma and Busia while North Eastern has three; Garissa, Wajir and Mandera.

Nairobi was not divided into counties. Some of the leaders opposed to the proposed constitution have cited devolution among reasons that they are opposed to the new law. Some of them wanted the number of counties increased from the current 47 to 78 but this proposal was rejected. The National Assembly will, among other things, determine the allocation of national revenue between the different levels of government.

The Senate represents the interests of counties and their governments and also participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties. The Senate will also determine the allocation of national revenue among counties, and exercise oversight over national revenue allocated to the county governments. The Senate will also impeach the President or Deputy President.

The proposed constitution also gives voters the right to recall their MP before the end of the term. But Parliament shall enact legislation to provide for the grounds on which a member may be recalled and the procedure to be followed. It also denies MPs the right to determine their own salaries.

Each county shall have a county government consisting of a county assembly and a county executive. Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so. A county assembly will consist of elected members in each ward in a constituency.

It will also consist of special seats including members of marginalised groups, including persons with disabilities and the youth and the Speaker, who is an ex officio member. The executive authority of the county shall be vested in, and exercised by, a county executive committee.

The county executive committee shall consist of the county governor and the deputy governor; and members appointed by the county governor, with the approval of the assembly, from among persons who are not members of the assembly.