Why there is nothing wrong with senators chairing county boards
What you need to know:
- The ultimate responsibility of ensuring that counties and county governments succeed rests with the people through their elected leaders.
- Second, development boards provide the opportunity for all elected leaders to represent various interests in the counties.
- Thirdly, the development boards provide the forum for leaders to sort out any differences
The debate on the provisions of the recently amended County Government Act appears to be generating more heat than light. While governors agree with all amendments except the chairmanship of county development boards, senators advance a completely opposing view.
Why are county development boards important under the devolved structure? First, the boards provide the forum for Kenyans to exercise their right to participate in the management of their affairs, including setting their development priorities in line with Articles 10 and 174 of the Constitution.
The ultimate responsibility of ensuring that counties and county governments succeed rests with the people through their elected leaders. The county development boards provide the vehicle through which these elected representatives give their input on development initiatives.
Second, development boards provide the opportunity for all elected leaders to represent various interests in the counties. It is only last year when elections were held and positions were shared among communities under what some people called “negotiated democracy”.
Examples include Trans Nzoia, Taita Taveta, Migori and Busia.
How do you then ensure that these communities, political parties and interest groups feel their development needs are addressed? Efforts must be done to ensure inclusivity, including making all communities feel they are part and parcel of their respective counties.
PUBLIC PARTICIPATION
Thirdly, the development boards provide the forum for leaders to sort out any differences; thereby reducing cases of some elected leaders organising demonstrations and protests against others.
Governors are the main beneficiaries of this environment of reduced friction among elected leaders from one county. They will find it easy to govern as county chief executive officers.
Arguments have been advanced that the law allows senators to usurp the executive powers of the governors and that it negates the principle of separation of powers. In fact, the amendments sponsored by Senator Stephen Sang of Nandi were considered and approved by eminent lawyers, including Senators James Orengo, Amos Wako, Kiraitu Murungi, Kithure Kindiki and Moses Wetang’ula.
Besides, the Bill was subjected to public participation that met the constitutional threshold. Some of the institutions that gave input to the Bill included the Constitution Implementation Commission, Federation of Kenya Women Lawyers (FIDA), the Law Society of Kenya and the Council of Governors.
The governors then agreed with all the provisions of the Bill except that they wanted to chair the boards. Their argument was that senators should not chair the boards ostensibly because they politically rank lower than governors! Of course the Constitution does not rank elected leaders.
In addition, the development boards do not determine or decide which projects county governments should implement. Instead, the law says they will “consider and advise” on all development projects in the county, including devolved funds, CDF and Uwezo Fund.
LIKELY TO BE NEUTRAL
This means duplication of projects will be a thing of the past and county development will be properly coordinated.
Why then should senators chair the development boards?
First, under Article 96 of the Constitution, senators are the umbilical cord linking the national and county governments.
Secondly, the senators should chair the board to get useful information that they can use to facilitate their county oversight role. These boards will, therefore, enhance transparency and accountability in the management of development projects besides stemming corruption.
Thirdly, the senators are more likely to be neutral in their role as chairs of the boards, as they are the only elected leaders who do not manage any fund.
I urge the governors and all those opposed to this law to appreciate the need to work together.
Mr Murkomen is the chairman of the Committee on Devolved Government and Senator of Elgeyo- Marakwet County
