County assemblies adjourn for polls with mixed legacy

Members of Uasin Gishu County Assembly follow proceedings during delivering of a budget statement for the Financial Year 2022/2023 by Uasin Gishu County’s Acting Executive for Finance and Economic Planning, Samuel Yego on June 28, 2022. 

Photo credit: Jared Nyataya | Nation Media Group

 County assemblies have adjourned their sittings indefinitely ahead of the August 9 General Election, leaving behind a legacy of failures and achievements.

The assemblies adjourned sine die after five years characterised by drama and tussles with the executive branches for control. While they have had their fair share of failure, they have also passed a number of Bills, motions and statements, which they say are a testament to the good work they have done over the past five years.

Since they began their sessions in 2017, a number of county assemblies have been marred by leadership wrangles and infighting, impeachments, corruption and claims that they had gone to bed with the executive and failed on their oversight role. In many of the assemblies, MCAs have also been accused of abetment to corruption and high-headedness, sometimes leading to protracted court cases.

The adjournment brings to an end what some critics have termed the dysfunction in county assemblies, largely due to chaos, fist-fights and leadership wrangles. Some have also been accused of lacking the capacity to debate or even deal with complex issues such as the crafting of Bills and motions.

But the MCAs say they have performed way better than the criticism, pointing to the numerous pieces of legislation like Bills, motions and statements that have passed and have had huge impacts on their counties.

They also cite instances where a number of corrupt officials, including those from the executive arms and even those in the assemblies, have been sued or even impeached on their order.

Kisumu assembly speaker Elisha Oraro said some of their achievements included the passage of over 60 bills and the processing several motions, statements, petitions and reports that have spurred Kisumu’s socio-economic development.

“Among the key ones are the Lakefront Development Corporation Act, 2021, the Health Facilities Improvement Fund Act, 2021, to provide adequate and timely financing to health facilities, the Climate Change Act, 2020, and the Project Implementation and Management Bill, 2021,” he said.

The assembly adjourned on Thursday, having faced constant leadership wrangles, change of top leadership and claims of corruption.

In Siaya, the county assembly has had fair challenges and achievements in equal measure. This includes tussles between Governor Cornel Rasanga and assembly speaker George Okode. The assembly was also in the spotlight in 2020 after it became the first county assembly to adopt the BBI Bill, which was later stopped by the courts. For many residents, the assembly has failed on its mandate after it was dogged mostly by politicking and infighting.

 “The assembly performed dismally, they were supposed to oversee the executive; however, a majority of them (MCAs) were the contractors who were awarded huge tenders,” said Mr Joseph Ogutu, a resident.

In Kakamega, wrangles pitting the assembly speaker against the clerk have been blamed for undermining service delivery. The wrangles deepened and resulted in the sacking of assembly clerk Laban Atemba after he was initially suspended by the County Assembly Service Board. Mr Atemba is fighting in court to get his job back.

Homa Bay MCAs will mostly be remembered for endless supremacy wars, impeachment motions, graft claims and threats to the executive. They, unlike their predecessors, have been embroiled in fights with Speaker Elizabeth Ayoo, an issue that has led to her impeachment at least twice. The office of the speaker has been occupied by at least three people in an acting capacity. The assembly has also had wars with the Majority leader. Critics say the wrangles have seen them conduct little to no business to the disadvantage of the locals.

The County Assembly of Meru says it has passed at least 40 Bills, including 22 non-procedural laws in the last five years, an indication of its success. In 2017, the assembly, led by Speaker Joseph Kaberia, passed three Bills, including the Meru County Environmental Regulation and Control Bill, 2016. Other important Bills that the assembly credits itself for include the Meru County Revenue Board (Amendment) Bill, 2018, the Retention Enhancement (Amendment) Bill, 2018, the Meru County Youth Service Bill, the Meru County Tea Cess Bill and the Meru County Honours and Awards Bill.

In Mombasa, the county assembly has passed 130 substantive motions, numerous procedural motions, five petitions, 24 Bills and 244 statements. These include the Health Bill, 2018, the Investment Corporation Bill, 2019, the Drugs and Substance Abuse Control Bill, 2021, the Finance Bill, 2021, which seeks to impose charges and fees, and offer a legal framework within which to collect revenue. Speaker Aharub Khatri said the Finance Bill, 2021, was passed at a time when the county was dealing with the fallout from the Covid crisis. “It was a difficult period when small and medium enterprises (SMEs) were on their knees due to the negative effects of the pandemic. The bill focused on reducing the fees and charges by up to 40 per cent,” he said.

The Bungoma assembly adjourned after at least 400 sittings where crucial Bills, motions and statements were passed, according to Speaker Emmanuel Situma, who added that they considered eight ordinary public Bills and 20 statutory Bills. The Turkana assembly adjourned on June 16 after passing, among others, the Appropriation Bill No.7 of 2022 and the report of the review of County Assembly standing orders. It also passed with amendments the Peacebuilding and Conflict Management Bill, 2022.

The Tharaka Nithi assembly passed 36 Bills. Its clerk, Amos Kiangwe, said that unlike the first assembly that faced numerous legislative challenges, the current was second among the 47 in the number of Bills passed.

By Rushdie Oudia, Shaban Makokha, Kassim Adinasi, George Odiwuor, Sammy Lutta, Brian Ojamaa, Farhiya Hussein, David Muchui and Alex Njeru