CONSENSUS AT LAST

MPs on Friday removed counties from the draft constitution and instead agreed to divide the country into 25 regions that will serve as grassroots level governments. They also reduced the membership of the Senate from 67 to 60 as they moved closer to striking a deal on the contentious issues that have delayed debate on the draft.

The MPs, meeting at the Kenya Institute of Administration (KIA), further sought to fix the number of wards in each constituency to between three and five. These were among the highlights of the meeting of a 23-member sub-committee formed on Wednesday to help remove roadblocks to a new constitution.

National Assembly Speaker Kenneth Marende was said to have been instrumental in the formation the sub-committee which drew equal membership from the Party of National Unity, Orange Democratic Movement and the Parliamentary Reform Caucus group. The decision to create 25 regions was a departure from the proposal in the draft constitution, which suggested establishment of 47 counties as units of devolution.

The regions will each send two representatives to the Senate — one man and one woman. They will be joined by 10 representatives from minority communities such as the Ogiek. Women MPs at one time stormed out of the meeting room and were heard consulting loudly over their failure to get special seats.

In the first draft by the Committee of Experts, 16 seats had been set aside for women in addition to the elective ones. But this was removed by the PSC and the women MPs were pushing for their return. It appeared the MPs agreed on a powerful Senate, contrary to a push by some to dilute the Second House. They agreed that the Senate will play a key role in the impeachment of the President or the deputy President.

In what could bring a tussle over the control of devolved funds such as Constituency Development Fund (CDF), senators will also have legislative powers over the issues that affect regions, including money. Even though the Committee of Experts had insisted on a powerful Senate, MPs wanted to remove its legislative powers to avoid future role conflict.

The Rift Valley will have the highest Senate representation as it was divided into five regions, meaning it will have 10 senators. Eastern Province was split into four regions giving it eight senators while Nairobi will be represented by one senator. Western, Central, North Eastern, Nyanza and Coast provinces were each split into three regions and will be represented by six senators each.

The MPs, however, left the task of demarcating the constituencies and regions to the Interim Independent Boundaries Review Commission. However, sources said that it was agreed that one region should not have more than 10 constituencies. Those who spoke to the Saturday Nation added that the regions would ensure proper devolution of national resources.

They endorsed a 20 per cent tranche of the national revenues collected to be disbursed to the regions while 10 per cent should be granted to constituencies. Currently, under CDF, constituencies get 2.5 per cent of the total revenues. Some ODM MPs had questioned the choice of constituencies as levels of devolution.

They argued that the CDF framework could not handle such huge amounts of money and given the recent history it will defeat the purpose of devolving the resources. The two levels of devolution will also see some of the civic wards merged so that each constituency has a fixed number.

While some of those who spoke to the Saturday Nation said the total number would be seven wards per constituency, others said the number would be limited to five. At least three councillors from every constituency will be elected into the regional governments. Mount Elgon MP Fred Kapondi is said to have insisted that his constituency should not be placed in Western Province but in Rift Valley.

Amagoro’s Sospeter Ojaamong’ was also said to be against being enjoined in the regions with other constituencies in western Kenya. Kuria MP Wilfred Machage was also said to have demanded that Kuria needed a region of its own. The meeting ends on Monday and the MPs are expected to congregate at the Speaker’s kamukunji (meeting) on Tuesday morning to finalise consensus on sticky issues.

They will be joined by President Kibaki and Prime Minister Raila Odinga. The MPs agreed to leave intact the National Accord even as the new constitution comes into effect 14 days after the referendum. PSC chairman Abdikadir Mohammed said all new offices proposed in the new law would have to wait until after 2012.

“Only those offices that are critical to the running of the country between now and 2012, like the Supreme Court, will be set up to handle disputed elections,” he said. Gwassi MP John Mbadi (ODM) echoed Mr Abdikadir’s sentiments, saying the National Accord was a product of the Serena talks and there was no need to quash it before the life of the coalition government ends.