NAIROBI, KENYA: A stormy meeting is expected on Monday between Deputy President William Ruto and governors after the county chiefs last evening accused the government of dishonesty.
Kenya’s deputy President William Ruto
They were angered by the decision of the government to retain sh29 billion for county roads and publish a partial list of counties to take over devolved functions.
These governors argued, were meant to form the agenda of Monday morning’s joint consultative meeting and framework on the transfer of some functions from the government to the counties. Furious at the development, including restriction of their representation at the talks to three, governors last evening held a crisis meeting in Nairobi to weigh their options.
Reports indicated they would either boycott the forum or attend to express their displeasure. The governors reportedly contemplated petitioning the Senate to cut short their recess to discuss the dispute.
They are also mulling over moving to court to object to the publication of the devolved functions, citing contravention of the Constitution.
“When we say the national government is reneging on its commitment, our statements are not farfetched. You can see clearly someone wants the money for roads to remain in the national government where they can eat,” claimed Governors’ Council chairman Isaac Ruto, who met his colleagues Evans Kidero, Nderitu Gachagua, Sammy Cheboi, Ukur Yattani, Kivutha Kibwana and Kisii Deputy Governor Joash Maangi at his Jogoo House office in Nairobi.
The notification of the 13 counties to take over devolved functions published on August 2 poisoned the atmosphere for today’s meeting with the Deputy President.
Governors interpreted it as an attempt to pre-empt the stakeholders’ meeting, at which parties were to agree on the number of functions and how they shall be devolved.
Fewer representatives
Instructively, the Transition Authority published the notice in the Kenya Gazette a day after invitations to today’s meeting had been sent out.
Ruto will host the meeting at his official residence in Karen, a week after the first round of talks at which the governors insisted they would press on with their campaign for a referendum to amend the Constitution in order to secure more funding for counties.
An invitation letter from Cabinet Secretary for Devolution, Anne Waiguru, explains that today’s meeting will involve fewer representatives.
“The meeting has been re-organised to include a small group and pushed to Monday August 5 at the Deputy President’s residence in Karen at 8.30am,” reads the letter dated August 1.
In attendance will be Cabinet secretaries for the National Treasury, Transport, Health and Energy, Attorney General Githu Muigai, Council of Governors(strictly three representatives), Transition Authority, Commission on the Implementation of the Constitution (CIC) and Commission on Revenue Allocation (CRA).
Also invited are the chairpersons of the various committees of Parliament and their deputies, the Senate’s Committee on Finance, Commerce and Economic Affairs, Session Committee on Devolved Government and Standing Committee on Energy, Roads and Transport.
Governors have accused the government of trying to redefine the Constitution using the Transition Authority (TA), which they claimed takes instructions from the Executive.
In the Kenya Gazette notice published on Friday, TA picked 13 of the 47 counties as the only ones that had complied with timelines set for handling devolved services.
The counties are Kericho, Garissa, Embu, Marsabit, Mandera, Mombasa, Kwale, Kiambu, Trans Nzoia, Homa Bay, Kisumu, Kirinyaga and Bomet.
The government also opened a new battlefront after it emerged that Treasury will retain funds for county roads and rural electrification.
Meru Governor Peter Munya protested the action to retain Sh29 billion from the fuel levy fund meant to undertake repair and construction of roads.
Constitutional provisions
The Fourth Schedule of the Constitution allocates functions of county transport, including county roads, street lighting, traffic and parking, public road transport, and ferries and harbours, but excludes the regulation of international and national shipping and matters related thereto.
But TA’s gazette notice reads: “Public road transport excluding county roads and mechanical and transport equipment (Kenya Urban Roads Authority and the Kenya Rural Roads Authority.”
The governors also complained that in spite of constitutional provisions, the Kinuthia Wamwangi-led TA is acting on instructions from President Kenyatta and his deputy William Ruto.
The leaderswant Roads Cabinet secretary Michael Kamau to recall his letter asking MPs to appoint Roads committees.
Baringo’s Cheboi wondered why the national government is keen on handling county roads using MPs. “For them the county governments have no capacity to do roads, yet MPs can handle it,” Cheboi said, citing last month’s communication from Roads Cabinet Secretary Michael Kamau asking MPs to appoint Constituency Roads Committees.
On Sunday, Ruto protested the selective transfer of functions while some like Health are retained by the central government.
Last week, the Deputy President met 21 Jubilee-allied governors in a bid to calm the storm over devolution and halt the Governors’ Council’s push for a referendum.
By Geofrey Mosoku and Roselyn Obala, The Standard
