MPs step up fight against governors

Mandera County Senator Billlow Kerow addressing the press at National Assembly Buildings on February 25, 2014 after Members of Parliament and Senators held an Informal meeting. PHOTO | BILLY MUTAI  

In Summary

• Governors have asked High Court to determine whether they should heed the Senate’s summons and another challenging the ouster of Mr Martin Wambora who was impeached by the Embu County Assembly and the Senate before he was granted a stay order by the courts.
• Those who spoke said that in the eyes of Parliament, Mr Wambora remains impeached, meaning, he cannot meet the committees and would not be asked to explain matters relating to Embu County.
• At the Senate, Mandera Senator Billow Kerrow said the Finance, Commerce and Economic Affairs committee would press on with its bid to have them explain their spending.

By JOHN NGIRACHU
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MPs Tuesday resolved to go ahead with plans to tame governors and judges despite an early morning meeting between Chief Justice Willy Mutunga and the two Speakers of Parliament.

During the informal talks at Parliament Buildings, the legislators resolved not to send lawyers to cases filed by the governors at the High Court. The move was meant to avoid making themselves subject to the decision of the court.

Governors have asked High Court to determine whether they should heed the Senate’s summons and another challenging the ouster of Mr Martin Wambora who was impeached by the Embu County Assembly and the Senate before he was granted a stay order by the courts.

The joint Senate and National Assembly meeting, which was presided over by Speakers Justin Muturi (National Assembly) and Ekwee Ethuro (Senate), also resolved to speed up the passing of laws stripping governors of most of their ceremonial roles and capping allocation to counties to 15 per cent of the national Budget.

They however backed down on a proposal to reduce the allocation of funds to the Judiciary, agreeing that the decision lies with the committees and cannot be made collectively.

The National Treasury had proposed that counties be given Sh242.4 billion — or 32.4 per cent of the Sh682.1 billion latest audited revenue.

If MPs pass the laws they agreed on Tuesday, this will see the amount divided in two with one half being managed by governors and the other by County Development Boards, which will be set up once the County Government (Amendment) Bill is passed.

The talks had discussed reducing the Judiciary’s allocation by Sh500 million. However, members dropped the proposal.

The leadership of the two Houses declined to reveal what had been agreed on, but the resolutions will become evident in the business that will be put on the Order Paper in the Senate and the National Assembly this week.

Majority Leader Aden Duale had told the National Assembly last week that the Bills passed by the Senate would be handled this week.

A member who attended the meeting said that Mr Muturi and Mr Ethuro told MPs that they had met Dr Mutunga for breakfast and had presented to him the issues that MPs have raised against the Judiciary.

ENGAGING CHIEF JUSTICE

They informed the gathering they would continue engaging the Chief Justice, but maintained the position adopted over the past week that the Judiciary cannot stop Parliament from doing its work. Later in the day, when the Senate was in session, members said they would not allow the courts to stop them from discharging their mandate.

During the meeting, also called as the 'Speaker’s Kamukunji', members from both Houses criticised the Judiciary over a court order barring nine governors from heeding summons to appear before parliamentary committees to answer questions on how they were spending money in counties.

Another court had stayed the reinstatement of Mr Wambora pending conclusion of a petition he filed after he was kicked out by the Embu MCAs and the Senate. (READ: Wambora not reinstated, after all )

Those who spoke said that in the eyes of Parliament, Mr Wambora remains impeached, meaning, he cannot meet the committees and would not be asked to explain matters relating to Embu County.

It was not clear if the suggestion to have MPs discuss individual judges was discussed. However, some MPs said the National Flag, Emblems and Names (Amendment) Bill and the County Governments (Amendment) Bill would be speeded up in the National Assembly.

Both are designed to “tame” governors. The first will legally strip governors of the titles they took up on assuming office, while the second will set up boards to be chaired by senators to guide development in counties.

Under the National Flag, Emblems and Names (Amendment) Bill, the governors will be stripped of the title “Your Excellency”.

They will also be placed eighth in the pecking order at public functions and barred from flying the national flag on their official vehicles outside their counties.

At the Senate, Mandera Senator Billow Kerrow said the Finance, Commerce and Economic Affairs committee would press on with its bid to have them explain their spending.

“Our committee is going ahead with the invitations to the governors. That we have agreed should go on,” Mr Kerrow, who said each county boss would be invited individually in addition to the Council of Governors.

“It is becoming apparent that the constitutional requirement for oversight for members of Parliament is not in doubt.”