Gitura asks MPs to pass contentious county Bill

Senate Deputy Speaker Kembi Gitura (right) at tea break after the opening of the Governors and senators forum for Enhancing Collaboration for Effective Implementation of the devolved government at the Leisure Lodge Beach Resort in Kwale County, on July 26, 2013. The Murang’a senator told MPs to prioritise debate on the Bill, County Government Act (Amendment) (No 2) Bill, 2013, once they resume from recess saying it was crucial to realising devolution. PHOTO | FILE 

In Summary

• The contentious bill, dubbed Sang Bill, was brought to Senate by Nandi Senator Stephen Sang. According to Mr Gitura, it is meant to remove ‘opaqueness’ under which the governors have been operating
• Mr Gitura said the bill once it becomes law, it would pave was for the formation of the County Development Board in each county which will prioritise development projects and ensure transparency and public participation
• The Bill negates the principle of separation of powers. The Senate, the National Assembly and the County Assembly have only legislative and oversight roles to play and not operational roles, the governors further argued

By SAMUEL KARANJA
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The Senate has urged members of the National Assembly to fast track the passing of a Bill that will pave the way for the creation of County Development Board.

Deputy Senate Speaker Kembi Gitura said the controversial County Government Act (Amendment) (No 2) Bill, 2013 was passed by the Senate in December last year and forwarded to MPs for further debate before it becomes law.

The Murang’a senator told MPs to prioritise debate on the Bill once they resume from recess saying it was crucial to realising devolution.

“If Members of Parliament have the interest of their counties at heart and not just the constituencies they represent, I expect them to subject the bill to more debate as provided in Article 110 of the Constitution,” Mr Gitura said on Saturday during an interview with Sunday Nation.

The contentious bill, dubbed Sang Bill, was brought to Senate by Nandi Senator Stephen Sang. According to Mr Gitura, it is meant to remove ‘opaqueness’ under which the governors have been operating.

Mr Gitura said the bill once it becomes law, it would pave was for the formation of the County Development Board in each county which will prioritise development projects and ensure transparency and public participation.

“The main aim of the bill is to remove the opaqueness on which governors have be operating under and provide transparency while ensuring the public funds are not misused,” he said.

The bill, the senator said would also avoid duplication of projects by both the governors and MPs of a particular county and therefore avoid pilferage of public funds.

BILL REJECTED

The governors have, however, resisted it vehemently. And in a statement posted on the Council of Governors Facebook page and Twitter handle on September last year, the county bosses described the bill as ‘unconstitutional’ and only meant to usurp their powers.

But Mr Gitura said the boards will have non-executive powers and would in no way undermine the governors.

According to the Bill, senators will chair the boards, while the governors would be board secretaries. Women Representatives and several Ward Representatives will serves as members.

Further, the senate has proposed similar boards at the constituency level chaired by the MPs and with Members of County Assembly as members.

“The boards will further be devolved to ward levels where the MCAs will act as chairmen,” said Mr Gitura.

“This will ensure that all leaders of a particular county and the public are involved in development and that’s funds are well utilised,” he added.

But the governors said in their statement “the proposed law is unconstitutional. There is an elaborate provision in the PFM (Public Finance Management) Act which covers county planning and budget making which the proposed law ignores”.

They further added that Article 118 of the Constitution underscored the importance of public participation in legislative matters which they said the Bill had negated.

“National Government organs cannot dictate development in the County Governments - this is purely the role of the County Executive as stipulated in the constitution,” the Council of Governors added.

SEPARATION OF POWERS

The Bill negates the principle of separation of powers. The Senate, the National Assembly and the County Assembly have only legislative and oversight roles to play and not operational roles, the governors further argued.

He reiterated the importance of the boards in devolution saying they would help mitigate wastage of public fund and ensure success of county projects.

“ We need the boards as we do not want to be pathologists or forensic auditors to ask why a certain project initiated using public funds has failed, we must remove the opaqueness governors are operating on,” said the Murang’a senator.