Governors say supremacy wars hurting devolution

Rwanda President Paul Kagame answers questions as PwC Africa’s Philip Kinisu (left), Kenyatta University VC Olive Mugenda, Nairobi Governor Evans Kidero and NMG chief operating officer Tom Mshindi look on. Photo/Suleiman Mbatiah 

By JOHN NGIRACHU and NJERI RUGENE

In Summary

• Speaking at the Governor’s Summit in Naivasha on Monday, the governors said the incessant bickering between the Senate and the National Assembly and within countries were key threats to devolution.
• They asked Attorney-General Githu Muigai, who was present, to intervene in instances where Parliament exceeded its mandate.

Governors have blamed Parliament for undermining their executive authority through supremacy wars between the Senate and the National Assembly.

Speaking at the Governor’s Summit in Naivasha on Monday, the governors said the incessant bickering between the two levels of governments and within countries were also key threats to devolution.

“It’s got more to do with the ego of senators because they feel they have lost legislative authority to the National Assembly so they turn back to the county governments. Its micro-managing us. It has watered down the executive authority of the governors and contradicts Article 6 of the Constitution,” Wajir Governor Ahmed Abdullahi said.

Council of Governors chairman Isaac Ruto said this had made it difficult for governors to meet public expectations including on security and education which are responsibilities of the national government.

They asked Attorney-General Githu Muigai, who was present, to intervene in instances where Parliament exceeded its mandate.

“Most people believe devolved governments have improved their circumstances. There is no immediate constitutional and legal threat, but we’ll continue the political give-and-take,” said Prof Muigai.

He said the State Law Office would from next week deploy 62 lawyers to offer legal advice to the county governments.

The move is part of restructuring of the A-G’s office to align it with the Constitution and to fulfil its mandate of offering legal advice to the two levels of government.

The State counsels will be deployed to what were previously provincial headquarters - Nyeri, Embu, Nakuru, Mombasa, Kisumu, Kakamega, Garissa and Nairobi.

OPINION: Supremacy wars won’t help Kenyans

Prof Muigai said there were several issues, including devolved funds, centralisation of security and education, that may require amendments to the Constitution and other laws to ensure counties run smoothly.

“We need to isolate these issues for the purpose of law reform in the future,” he added.

Mr Abdullahi gave the example of the County Development Bill, which creates County Development Boards chaired by senators.

The boards are supposed to guide the development of the counties, but Mr Abdullahi said they would reduce the role of governors.

“The Senate is becoming a prefect of the counties and it has gotten to the point where the individual senator feels like he has to do oversight in the county directly,” he added.