Senators express fears for the future of county governments

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Dr Bony Khalwale during a past committee session at Parliament Buildings last year. The Kakamega senator said if the Senate lost its oversight role on devolution, the Executive could frustrate its implementation. Photo/FILE  Nation Media Group

By MWAKERA MWAJEFA mwajefa@ke.nationmedia.com
Posted  Monday, May 20  2013 at  18:12

IN SUMMARY

• Kakamega senator Boni Khalwale said if the Senate lost its oversight role on devolution, the Executive could frustrate its implementation.

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Controversy stalked Senators’ retreat in Mombasa at the weekend after some participants expressed fears that the Kenyatta administration was out to “kill” the devolution system.

The senators said there was no “goodwill” on the part of government to see the full implementation of the Constitution.

Kakamega senator Boni Khalwale said if the Senate lost its oversight role on devolution, the Executive could frustrate its implementation.

“There is a danger of the Executive sitting on counties viewed as hostile when it comes to seeking foreign aid approvals from the national government compared to those viewed as friendly,” he said.
But senate majority whip Beatrice Elachi dismissed such claims.

“Whatever some of our colleagues have are misplaced fears that are just figments of their imagination; the Jubilee government is fully committed to implementing the spirit and letter of the Constitution,” she said.

However, during a session chaired by Senator Elizabeth Ongoro after Prof Peter Wanyande’s presentation on the relationship between the Senate and National Assembly, National Assembly and the County Assemblies and County Executives, many senators expressed reservations over their “authority” against the Lower House.

To assert their authority, Mombasa County senator Hassan Omar Hassan suggested that the Senate should meet urgently change the standing orders to give it teeth as the Upper House.

“Right now, there is a lot of ping pong over who between the Senate and the National Assembly should have which responsibilities because there is a thin line on their operational roles,” he said.

He was of the view an ad hoc committee being led by Siaya senator James Orengo and his Meru counterpart Kiraitu Murungi should convene to define the roles of the two Houses to erase existing conflicts.

Kisii senator Chris Obure wanted to know whether with the current role of the Senate it had the powers to summon the Cabinet secretaries for any questioning in the course of their duties.
Responding to the senators’ queries, Commission for the Implementation of the Constitution chair Charles Nyachae said the CIC had plans to meet each organ involved in devolution to discuss their roles.

“We want to have intra-Parliamentary relations with mechanisms to cater for House Bills that will not duplicate work within the two Houses — the Senate and the National Assembly,” he said.
But on the senators’ suggestions to constitutional amendments to give more powers to them, Mr Nyachae said, that would require the Judiciary’s interpretation.

His sentiments were backed by Busia senator Amos Wako who argued that the current Constitution had enough powers that could be used by the Senators to flex their muscles on their oversight roles.

“We have enough powers under the Constitution to protect the interests of counties, to ensure equitable allocation of funds and to ensure the implementation of devolution,” he said.

The importance of devolution among Kenyans, according to the Clerk of the Senate Jeremiah Nyengenye should not be left to die because it was the source of hope and aspirations under the new dispensation.