Monday, November 15, 2010

Councillor seats to be scrapped by new Kenya laws


The then Nairobi Mayor Geoffrey Majiwa arrives at City Hall for councillors' elections on August 15, 2010.  Photo/FILE
The then Nairobi Mayor Geoffrey Majiwa arrives at City Hall for councillors' elections on August 15, 2010. Photo/FILE 
By LUCAS BARASA lbarassa@ke.nationmedia.com
Posted Sunday, November 14 2010 at 22:27

The jobs of councillors, mayors and council chairpersons will be scrapped when the new Constitution is fully effected in 2012, Cabinet ministers and MPs have been told.


Experts who addressed the two-day retreat for ministers, assistant ministers and heads of parliamentary committees were categorical that the present local authority structures would not be there after 2012 as they would be replaced by County Assemblies.
The meeting at Leisure Lodge Resort near Mombasa was told that instead, there will be new bigger wards to fit the new County government structures.
County governments would combine both the present district and smaller local authorities that are to be merged.
There has been uncertainty over the fate of councillors, a matter that came out strongly during the campaigns on the referendum on the new constitution.
President Kibaki and Prime Minister Raila Odinga during the campaigns promised councillors that their posts would not be scrapped.
The two leaders were present, as was Vice-President Kalonzo Musyoka, to listen to lawyer Njoki Ndung’u, a member of the Committee of Experts that drafted the new constitution, say that local councils as presently constituted would have to go.
The chairman of the parliamentary committee on National Security and the Provincial Administration, Mr Fred Kapondi, who was at the retreat that ended on Saturday, told the Nation that participants were shocked by the reality that councillors will be phased out.
The Mt Elgon MP said the retreat was told many local authority wards would be merged to form bigger electoral units. Those interested in County assembly seats would campaign in the bigger units.
Kenya has four classes of local authorities, cities, town and the retreat was told they will all be scrapped. A legislation on how to manage cities would however be developed, Mr Kapondi said.
“Cities will require legislation because it is impossible to manage within counties. This will ease management of the cities although Nairobi, for example, would still be under Nairobi county,” Mr Kapondi said.
It would also be duplication if councillors were to be retained at the same time that County assemblies were being formed.
According to the new Constitution, a County assembly will consist of members elected by the registered voters of the wards, each ward constituting a single member constituency.
There will further be special seat members necessary to ensure that no more than two-thirds of membership of the assembly are of the same gender.
Nakuru Mayor John Kitilit dismissed the experts’ opinion, saying, councillors still have a place in the new Constitution.
He said the more than 4,000 councillors in the country were waiting for Parliament to enact legislation to define their new roles at the grassroots.
“We are still hoping Parliament will enact the necessary legislation. The experts’ opinions are misplaced. We have a right to be there,” Mr Kitilit said on phone.
Article 89 of the new Constitution states that the number of inhabitants of a ward may be greater or less than the population quota (dividing Kenya’s population with wards) by a margin of not more than 40 per cent for cities and sparsely populated areas and 30 per cent for other areas.
While reviewing boundaries, the Commission in charge has to ensure the number of inhabitants in each ward is as nearly as possible equal to the population quota.
The meeting was also addressed by Committee of Experts chairman Nzamba Kitonga and a member of the National Economic Council, Dr Victor Koh.

Dr Koh from Singapore spoke on fast-tracking the implementation of the Constitution. He told the gathering of how his country managed to move from a Third World to First World economy in the span of one generation.

Singapore’s GDP ranks 11th out of 213 countries, is third out of 139 countries in global competitiveness index, number one in ease of doing business, cooperation in labour-employer relations, country credit rating, quality of education system and quality of Maths and Science Education, he said.
The Asian tiger ranks sixth in the national savings rate, life expectancy (12th) and least corrupt country (fifth). He said a country has to be led with leaders of integrity and eliminate graft to grow.
“Three types of competent leaders are required — visionary, development and management leaders. Each should have a servant leader’s heart, a shepherd leader’s heart and a steward leader’s heart.”
Dr Koh said leaders should be selected on the basis of personal integrity and competence, objectivity and impartiality in decision making, selfless service, accountability to the public for decisions in actions and discipline and commitment in service to people.
Professional ethics
He said Article 232 of the Constitution on values and principles of public service calls for high standards of professional ethics, proper use of resources, fair and just provision of services, accountability and transparency and meritocracy.
He added that the law requires that the President in every year to report in an address to the nation, on all measures taken and progress achieved in the realisations of national values.

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