County Revolution

By PETER OPIYO and BEAUTTAH OMANGA

Friday's promulgation of the new Constitution heralds a new era in Kenya, where reference to provinces will give way for 47 county governments.

The State is already grappling with the onset of the county revolution, which will redefine the way Kenyans refer to their rural roots as well as interact with the Central Government — now that they will have their own ‘local’ government.

The creation of county governments, Justice Minister Mutula Kilonzo conceded to mandarins of the private sector on Monday, is one of the biggest headaches on the implementation agenda.

BIG DAY: City Council workers spruce up Uhuru Park on Monday ahead of Friday’s promulgation of the new laws. [PHOTO: COLLINS KWEYU/STANDARD]

"On all the other laws, you can speak with clarity and certainty because they have been applied elsewhere, but county government is unique, it is something we will have to structure ourselves," Mutula told members of the influential Kenya Private Sector Alliance (Kepsa) at the Hilton Hotel, Nairobi.

Mutula said his ministry was interested in seeking support from Switzerland, which he pointed out has a set of devolved government structures similar to county governments that Kenya wants to institute.

Kepsa challenged

He explained that there was need for county legislation to be drafted early enough so that the public can exhaustively debate it.

He then challenged Kepsa to also give its input on the upcoming legislation.

According to the new laws, boundaries will be those of Kenya’s districts as they originally were in the 1970s before the splitting craze fanned by politics set in.

Like in the case of America’s 50 federated States, Kenya’s 47 counties will share sovereignty with the national or State government but reserve the right to determine a set of laws for themselves, for example on revenue collection. Each county will have, in 2012, a county assembly or local parliament under the devolved government arrangement, whose members — except for special interest nominees — will be elected by voters in its various wards.

The new laws require that executive authority — as exercised by State officials right up to ministerial level in the current set up — shall be exercised by county executive committees which is made up of County Governor, his or her deputy, and members to be appointed by the governor with the express authority of the county assembly. The Governor of a county would be the equivalent of the Chief Executive Officer of an enterprise.

Legal experts

The county executive committee shall implement county legislation and administrate over their jurisdiction.

Yesterday, Mutula revealed that legal experts from the government were grappling with how to come up with the best laws for the new system of government.

The thrust of the government’s approach appears to be how to create viable entities, avoid a clash between county and national government and execute organised decentralisation of normal government functions. It also seeks to avoid the proliferation of the vices of ‘Big Government’ such as corruption, and ensure the process does not trigger ethnic rivalries.

Mutula also revealed that Government had already sent out appeals for help in drawing up devolution policies to the United Nations Development Programme (UNDP), the European Union, the Commonwealth and the African Union.

He, however, explained that the foreign experts would only offer advice and would not be involved in drafting, as this task will be left to locals.

Electoral culture

On August 7, Local Government Minister Musalia Mudavadi also admitted that there were some challenges in the new proposals but quickly added that legal experts were dealing with them.

Speaking in Lamu, the Deputy Prime Minister explained that experts from his ministry were analysing the governance structure proposed in the new constitution with a view to implementing it.

He said the team would outline the responsibilities of the 47 counties, some of which were under his ministry in the constitution to be replaced. The minister, however, said Parliament was also expected to pass laws that would govern county governments. Some of the counties would be made up of several districts while others would comprise several constituencies.

For example, the Nairobi City County will cover all eight constituencies in the city — and even those that may be created under the new laws.

The expansive Rift Valley Province will have 14 counties, making it the province with highest number followed by Eastern Province with eight. Nyanza and Coast will have six each while Western Province will have four. North Eastern Province consists of three counties.

Senators

Under the new law, each county will also elect a Senator and this has already triggered a clamour by politicians even before the new constitution is promulgated.

The fight for the position of Senator and County Governor is expected to attract political heavyweights and reshape Kenya’s electoral culture.

For example, Energy Minister and Imenti North MP Kiraitu Murungi has declared his interest in becoming the Senator for Meru County come the next election. His Imenti Central counterpart, Mr Gitobu Imanyara, has indicated he would run for the position of Meru County Governor.

Most of those interested in the positions are busy consulting with their close friends and advisers on the way to go given the huge roles that the Senate and the Counties will play in the new-look Kenya.

The Provincial Administration would be phased out in five years and serving administrators would be absorbed into county governments — which will make Counties the backbone of the nation.

Special treatment

Besides, the establishment of county governments, the new constitution recommends the creation of 80 new constituencies.

As the Interim Independent Boundaries Commission gets ready to deliver before its mandate expires this December, focus is also shifting to areas that may benefit from the exercise.

While the recommended creation criteria in new constitution will still apply, the political class will obviously be pushing Mr Andrew Ligale’s commission to first deal with the constituencies with the highest number of voters.

They include all of Nairobi’s constituencies and others across the country that have between 100,000 and 290,000 registered voters.

Areas that will be given special consideration due to their geographical span include the entire North Eastern Province. The one-constituency districts like Kuria and Teso may also be split.