Photo/STEPHEN MUDIARI/NATION MPs Zakayo Cheruiyot with Rachel Shebesh during the devolved Government consultative meeting in Naiviasha on July 25, 2011. The meeting, organised by the Ministry of Local Government, discussed the implementation of the county government laws
By JOHN NGIRACHU jngirachu@ke.nationmedia.com
Posted Monday, July 25 2011 at 21:15
Posted Monday, July 25 2011 at 21:15
MPs want the government to move fast and ensure counties are operating by August next year.
On Monday, they called for an organ to put counties in place before the next elections.
They also asked the task force on devolution and the Treasury to meet and resolve the impasse over financial sharing laws at the national and county levels.
They called for the immediate passage of a law to establish the Transition Authority to oversee the transformation from the current system to the county government over a period of five years, arguing that it would not be proper to have elected officials who are idle.
MPs Peter Munya, Martin Ogindo and John Pesa expressed concern that the absence of the Transition Authority had led to some panic disposal of assets by local councils.
Forestry and Wildlife minister Noah Wekesa said delaying the establishment of the authority risked having idle governors after the elections.
County level
The MPs ended a two-day retreat at the Great Rift Valley Lodge in Naivasha on six draft laws that will guide the establishment of counties, their relationship with the national government and the new positions which will come up at the county level.
The meeting nearly ended in disarray after MPs suspected the government had a hidden hand and was planning to undermine the preparation of the laws.
Local Government Permanent Secretary Prof Karega Mutahi was forced to cut short his speech shortly after telling the MPs that he had a different version of the laws they had just finished discussing.
He had also mentioned a steering committee, also appointed by Deputy Prime Minister Musalia Mudavadi, to whom the task force had also presented the six devolution Bills.
They suspected he was part of a scheme by the Executive to renege on the promise to implement the Constitution.
“If we notice signs that certain arms of the Constitution are reneging on the implementation of the Constitution, we are ready to take action.
“Please inform your civil servants that they are not going to be hired in the future if they sabotage our work,” said Chepalungu MP Isaac Ruto.
Nyando MP Fred Outa said the MPs suspected that the Executive was planning to undermine their work.
Vihiga MP Yusuf Chanzu said Prof Mutahi should have acted as an observer, and not a participant giving the views of the Executive.
Education assistant minister Ayiecho Olweny wondered whether the task force would similarly organise a meeting between the steering committee and the MPs once the Bills are refined.
The MPs also warned that the differences between the task force and Treasury mandarins could ultimately delay setting up counties.
Mr Kangu, the chairman of the devolution task force, said the team had found it difficult to have meetings with Treasury officials on the preparation of the County Governments Financial Management Bill.
Each of the institutions has a version of how the funds should be devolved and managed. “Our PS (Prof Mutahi) has tried to help the Task Force sit with Treasury and I’ll confess it’s been difficult. There has been this implication they don’t need to consult us,” said Mr Kangu.
He promised the agitated MPs his team would “keep trying” to have the meeting take place. The task force is of the idea that there should be three laws; an overall one on financial management, another to govern financial relations between the county and central governments and another on the management of the funds at county level.
Finance minister
Treasury is of the idea that there should be one common law for all the counties, with the Finance minister empowered to provide regulations on how the money should be managed.
The differences have persisted despite meetings with the Commission on the Implementation of the Constitution and the Constitutional Implementation Oversight Committee.
“Ultimately, Parliament is going to decide We must have very stringent, firm and clear laws so that nobody can play around,” said Mr Mudavadi.
He said the task force’s provisions were informed by their assessment of similar systems in Canada, Ghana and Ethiopia.
“Treasury will retain the overall control of finances but I don’t think there is any harm in enriching the laws” he said.
Gichugu MP Martha Karua said Kenyans were worried about the cost of devolution, and the task force would need to work better with Treasury.
“You must sit with Treasury and call us again. If you present one Bill and Treasury presents another, you leave us in the middle,” she said.
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