How new counties will share 1500 civic wards

By David Ohito

Details are out on how the proposed 1,450 new civic wards will be shared out among the 47 counties and recommended structure and number of members of each County Assembly.

The Task Force on Devolved Government (TFDG), which is mandated to propose ways to make the devolved model of government functional and efficient, wants every County Assembly to have a minimum of 25 members. TFDG in its report, relied on a formula through which each constituency will have a minimum of three and a maximum of five civic wards, which would each elect members of County Assemblies. The proposal would reduce ward representatives from the current 3,465 – including nominated councillors – to just about 2,000.

In the new dispensation, there would be no councillor as the ward representatives will be members sitting in the County Assembly, given that roles of civic authorities are reassigned to county governments.

Of the 2,000 County Assembly representatives, 1,625 will be elected from the wards and the rest picked through special seats arrangement and criteria setting aside positions for marginalised groups. They include youth and people with disabilities.

Women

Women will no longer be mere voters, they will constitute at least one third of the County Assembly representation. The radical proposals show how a new map of electoral wards in 47 counties is shaping up.

In the TFDG proposals, it was argued the wards would be constituent units of constituencies and the number of members of the County Assembly pegged at a minimum of 25.

The new proposals were released a day after President Kibaki and Prime Minister Raila Odinga, Kenya Anti-Corruption Commission, and Judicial Service Commission named their nominees to the panel that will recruit and vet those to manage elections.

The proposals are part of the submission TFDG has forwarded for inclusion in National Election Bill (2011), to guide the crucial the General Election, to be held under the new Constitution.

Each of the 290 constituencies as provided for in the Constitution will have a minimum of three to five wards as defined by the defunct Interim Independent Boundaries Commission in its raft of recommendations contained in what is popularly known as the Ligale Report.

The number of wards was determined using the number of constituencies in each county, and by ensuring that their creation was done equitably.

The second consideration was gender-based special seats. This stemmed from the argument those to be elected are women or men, but there is need to set some seats aside under special category to satisfy the constitutional requirement that not more than two-thirds of the memberships of county assemblies must not be from one gender.

To take care of the marginalised communities, TFDG sought balance through the creation of special seats, including those of persons with disabilities and the youth. But the number of those to get the special seats for the marginalised, including those with disabilities, will have to be prescribed through an Act of Parliament.

The filling of special seats shall be determined after declaration of elected members of each ward of the County Assembly.

The number of County Assembly members was arrived at so County Assemblies can effectively fulfil their oversight functions over running of county governments.

A governor who will be an elected chief executive officer for a term of five years would head county government. Deputy governor would not be elected, but the individual picked as the running mate of the candidate of governor who wins the election would be declared deputy chief executive.

In using the formula for equitable distribution of a maximum of three to five wards per constituency, Nairobi County with 17 constituencies would end up with about 85 wards – the highest among counties.

Nairobi would be followed closely by Kakamega County, with 12 constituencies and 60 wards, the same number as Kiambu County, with 12 constituencies and 60 wards.

Nakuru County, with 11 constituencies, will enjoy 55 wards followed by Kisii, Bungoma and Meru, which have nine constituencies each, and a maximum of 45 wards each.

Kitui, Homa Bay, Migori and Machakos Counties with eight constituencies will enjoy 40 wards each. Kisumu, Muranga, Kilifi, and Busia with seven constituencies each, will have 35 wards each.

Mombasa County with six constituencies will have 30 wards. Uasin Gishu, Kericho, Nyeri, Garissa, Mandera, Siaya, Baringo, Wajir, Makueni, Nandi, Turkana, and Narok counties, with a similar number of constituencies and wards, join the coastal city.

Under the draft Devolved Government Bill, there is a proposals County Assemblies will be required to exercise legislative power through Bills passed by the County Assembly and assented to by the Governor.

Last week, TFDG released six crucial Bills to move the country into county system of government, which was adopted with the Constitution, last year.

The County Assembly ward representatives will be more powerful and take over duties previously performed by councillors.

Qualifications

They are expected to be holders ‘O’ Level certificates and Form Four level of education besides producing compliance certificates from the Ethics and Anti-Corruption Commission.

The draft Devolved Government Bill has capped the number of electoral wards at 1,625 and has asked Independent Electoral and Boundaries Commission to demarcate the boundaries as the country moves towards next election.

Councillors will serve until the election when all civic authorities would be dissolved and their functions brought under County Assemblies

The draft requires County Assemblies to maintain close contact with the electorate and consult them on issues under discussion in the assembly. It also proposes members of County Assemblies shall not in any way get directly involved in the execution of functions of government and their administration.