The Standard ­ Friday

Date: 24.10.2014
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Draft Bill on issues informing Pesa

Mashinani campaign finally out
Governor Ruto says
proposed law is not
final as county chiefs
are yet to weigh in on
it and suggestions are
still welcome
By ROSELYNE OBALA
increased, end the Members of says the draft. If this is approved, counties
County Assembly and MPs' alleged Governors also want the Sh3.4 bil­ would get over Sh700 billion, includ­
tyranny and devolve more services to lion equalisation fund placed under ing appropriations­in­aid and grants.
the grassroots. their control, a proposal that opens
Council of Governors (CoG) Chair­ up a fight with members of the Na­
Peter Wanyama, a member of the
man Isaac Ruto said the Bill is not fi­ tional Assembly who have claimed Committee of Experts that drafted the
proposed law, explained that the push
nal because governors are yet to study the kitty.
In addition, the draft Bill proposes to ensure counties get at least 45 per
the proposals and give their input. cent of the national revenue is crucial
"We are going to have a retreat to make it harder for the National As­
because governors would not be "at
of all governors to deliberate on the sembly to revise allocations passed by
Bill and fine­tune it. We want to en­ the Senate under the Division of Rev­
the mercy of MPs to approve audit­
enue Bill, which determines how the ed accounts before they get their de­
sure all our grievances are captured served share".
adequately. Our meeting bringing on two levels of government share out "Counties' allocations will not be
board all governors will be held soon. national revenue.
This is just an advance copy by our And on the stalemate with Sen­ pegged on political mandarins' desire,
but on the most recent exchequer ac­
committee of experts," Ruto said. ate over summonses, the Bill propos­ counts," he stated.
Ruto, who is also Bomet governor, es the provision on Senate's oversight There is a strategy to make it dif­
affirmed that they are still open to over county governments be deleted. ficult for MPs to change the revenue
proposals from various stakeholders. Governors have accused senators of that the Senate has agreed on, with
He said the Committee of Experts summoning them on flimsy grounds the Bill proposing that support of 90
tasked with framing the issues would yet their respective county assemblies per cent of the House is required to
give more impetus to their public were handling similar audit queries. veto the Senate's position. Currently,
campaign for the Pesa Mashinani ref­ To appease Members of County two thirds of MPs can alter the allo­
erendum. Assemblies (MCAs), governors pro­ cation.
pose creation of a CountyWard Devel­ The governors also want the Di­
RATTLE JUBILEE
vision of Revenue Bill identified as a
County chiefs want allocation to opment Fund anchored in the Con­ Bill concerning county governments
stitution, but managed by the county
counties not only increased three­ in law. Although there is a Supreme
fold but the shareable revenue to in­ government, not MCAs.
The CoG has indicated the Bill Court ruling to this effect, National
clude grants (non­repayable aid given
would be ready by the end of Novem­ Assembly Speaker Justin Muturi has
by foreign governments and other fi­ ber. vowed to ignore it.
nancing institutions) and appropria­ Also the county governments want
The latest development is set to
tions­in­aid (revenue spent and then
rattle the Jubilee administration, giv­ to take over the Sh3.4 billion equali­
deducted from approved budget by
en that President Uhuru Kenyatta and sation fund, which is currently being
the exchequer).
his deputy William Ruto have made administered by the national govern­
This move is likely to be fought by
several attempts to convince coun­ ment through the National Treasury.
the national government considering The governors also want three of
ty chiefs to abandon their referen­
the previous government opposed dum bid. their colleagues represented in the
the attempt to have grants and ap­
But governors have insisted that Commission for Revenue Allocation
propriations­in­aid pooled with na­
the Government take steps to en­ (CRA), arguing that this would enable
tional revenue during the crafting of
sure county cash is increased to meet them play a role in determining how
the sharing formula between the two their demands if a referendum is to much funds go to the counties.
levels of government. be avoided. In the Bill, governors want the Sen­
And to ensure communities en­
The eight issues highlighted in ate off their backs and are proposing
joy a share of national wealth, the the Bill include proposals to amend the deletion of Article 225 and 229
governors want counties to retain 15 Article 203 of the Constitution to tri­ (8), which give the Senate the over­
per cent of oil, gas and other miner­ ple the share of the latest audited na­ sight role on county governments.
al income in their regions, with five tional revenue to counties from 15 to The county bosses have clashed
per cent going to local communities, with Parliament over accountabili­
45 per cent.

Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya
 The Standard ­ Friday
Date: 24.10.2014
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ty, which resulted in the Senate pass­ law and not under the National Police governors, including preliminary col­
ing a Motion to starve four coun­ Service, as is the case today. lection of signatures from 25 per cent
ties of funds after their governors Some of the proposed clauses seek of all registered voters," reads part of
failed to honour summons. Howev­ to give counties an equal role in re­ the draft.
er, Treasury ignored the resolution. viewing the national land policy, as The council had set up a techni­
the Constitution gives that role to the cal team to help it craft an appropriate
The county bosses want article 43A national government. referendum question. The team of six
amended to enable counties take
headed by constitutional lawyer Wa­
over the management of national KICK OUT chira Maina, has finally presented the
parks, game reserves and water tow­ The governors want the process draft Bill, and according to Wanyama,
ers within their boundaries and elab­
of their removal from office, present­ deliberations are still ongoing.
orate measures put in place to deter­ ly undertaken by county assemblies Wanyama said: "They are also
mine how evictions would take place. and the Senate, to be done after the irked by failure of the Interior Cabi­
On security, governors want their courts make a ruling on the same. net Secretary Joseph ole Lenku to op­
role captured in law, and are also de­ "Removal of the President, gov­ erationalise the county policing au­
manding that a special police unit be ernors and their deputies to be do­ thorities they are supposed to chair."
established at the county level, to an­ ne only after the courts rule that they He said if the authorities are an­
swer to them.They want the County should be kicked out. Voters should chored in the Constitution, governors
Police Authority to be entrenched in be directly involved in kicking out would have a say in security matters.

From left: Governors John Mruttu (Taita Taveta), Salim Mvurya (Kwale), Issa
Timamy (Lamu) and Hassan Joho (Mombasa) after a meeting with their
colleagues on revenue sharing formula. County bosses will meet to discuss a
draft Bill on their push for funds increase to counties, [photo, kelvin karani/
STANDARD]

Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya
 The Standard ­ Friday
Date: 24.10.2014
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// Removal of the Pres­

" ident, governors and
their deputies to be done
only after the courts rule that
they should be kicked out­The
Constitution of Kenya 2010 (Amendment)
Bill 2014

Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya