What is your view over the on going debate about reversing devolved functions including those of constructing county roads to the Central Government and its impact on devolution?
Former Prime Minister Raila Odinga
We are told that those who do not learn from history are bound to repeat it. We also know what happened once can happen twice. I think Kenyans need to be on the lookout because there are clear signs that we could be heading back to 1964 when devolution was killed.
The parallels are too strong to be ignored. In 1964, it began with Prime Minister Jomo Kenyatta declaring that Kenya is a unitary State. That was a veiled attack on Majimbo. Then came a motion of censure in the National Assembly by Ronald Ngala against Kenyatta. The details of that motion can be found in the Hansard to this date. Prime Minister Kenyatta was being accused of refusing to release the funds to the counties.
What followed were orchestrated attacks on the Senate by some members of the National Assembly. The first attack on the Senate was actually in 1963, about a month after the House met. A year later, the Leader of Government Business said there was actually speculation on whether to abolish the Senate. All this push about the Supremacy of the National Assembly ought to be watched carefully. Outside Parliament, we have seen the Executive holding on to funds like those meant for roads and electricity.
These are critical services that will determine the success or failure of counties. My question is; why is it hard to let counties be in charge of roads or electricity? The National Government cannot say the county governments don’t have capacity to build roads. Even the National Government does not build roads. All the Government does is float tenders and award contract
s to the private sector. Tell me the Government wing that builds roads? I have been Minister for Roads and I know there is none. All over the country, we had District Roads Engineers and Provincial Roads Engineers. Why can’t these officers be made County Roads Engineers then the counties are given the money to do the roads?
Why is it easier to recruit a County Commissioner, a Regional Commissioner and not a County Roads Engineer? Where did the District and Provincial Roads Engineers go? Roads are critical to an economy. Without roads and electricity, governors cannot uplift the economy of their counties. The National Government wants to hang on to the funds to make counties beg from Nairobi and those who refuse to beg will fail.
There are complains that police reforms have derailed because powers have been taken away from the National Police Service Commission. Does it seriously impact on what was proposed by the Kriegler Commission?
One thing will lead to another if we allow the National Government to frustrate the county governments and the Senate. The whole idea is to centralise everything once again, to consolidate power in one man or one woman’s hand at the centre. The noises may be coming from different quarters.
The Inspector General of Police may appear to be acting alone asking for more powers and ignoring the Kavuludi Commission. The Kiharu MP who talked of bringing a motion to abolish the Senate may appear to be acting alone. The MP pushing a motion to establish the supremacy of the National Assembly may also appear to be acting alone.
But I believe these events are coordinated from once centre. In the fullness of time, their result will be centralisation of power and resources once again. The process that began in 1964did not end there. It triggered a cycle of constitutional amendments ended in 1988. In 1964, they pushed amendment to merge the offices of the Prime Minister with that of Head of State and called the New Office ‘The President,’ who wielded more power than presidents wield in democracies; and abolished the Police Service Commissions.
Next, in 1965, they pushed another amendment to abolish the Devolved Government then known as Regionalism. In 1966, they abolish the Senate. In 1982, they abolished multi – partyism and made Kenya a one party state by law. In 1987, they abolished the independence of the Attorney General.
In 1988, they abolished the independence of the Judiciary and the Auditor and Controller General. I am warning that what happened once can happen twice and Kenyans need to be very wary of what they are seeing. The killing of the two chamber house and the abolition of regionalism was being done because those in power wanted to have things done their way.
Governors are pushing for a referendum. Will this push create a bigger divide in the country now that we are recovering from a hotly contested election that divided the country into two?
What the governors are pushing for, in my view, is a noble and worthy cause. I support them. If things are not sorted out now, it may be too late later. The Division of Revenue Bill was passed despite protests by governors and the Senate. If the trend continues, the governors will find themselves as figure heads being derided and blamed for problems they cannot solve because they have no resources.
Referenda need not be divisive especially when the issues are so clear cut. Referenda are frequently used in established democracies to resolve issues touching on the supremacy of the Constitution. This will not be a general election. Nobody will be trying to be president or Governor or Senator. We will only be seeking to secure and protect the devolved units.
Our Constitution provides that anything touching on “the Supremacy of the Constitution, the Sovereignty of the people, and the function of Parliament, objects, principals and structure of devolved Government” must be resolved through a referendum so the governors are not off the mark.
The schemers will always invent a reason to stop people from pursuing a just cause. When some protested in the early 1960s that the Government was taking a wrong turn, those protesting were vilified. We were told the country had just emerged from a long and bitter struggle for independence and everyone needed to speak in once voice in support of the Government.
The voices of reason were emasculated. We paid for it dearly. These issues need to be sorted out as soon as they emerge. When you discover that the new trouser you just bought is too tight, you don’t wait until it is old for you to mend it. You go to the fundi immediately to adjust it otherwise you will suffer.
People who were evicted from Mau have not been resettled despite the promises made by the Jubilee Government during the campaigns. Is the Mau question only used for political expediency?
I did my bit in the Mau. I acted in good faith for our country. I honestly believed the Mau needed to be protected if the country is to survive. It is now up to the new team to do its bit. It was never easy then, it will not be easy even now.
What is your view on land reforms at the Coast and Rift Valley Provinces, among others?
Land reform has to be confronted honestly and genuinely. It is a problem we have postponed for generations and we have paid dearly for it. It has deep historical roots and underlying political undertones but it must be confronted otherwise we are just postponing trouble and handing it over to our children.
How can county governments develop their capacity now that Treasury says it does not have enough money?
The fact that the National Treasury is having trouble with money should be a reason for us to support county governments and help them succeed. We must think long term. In my address to the LSK conference on Friday, I said that the spirit of enterprise that has propelled Nairobi must spread outside. It must take off in Kwale, Malindi, Kakamega, Moyale, Homa Bay, Nyamira, Wajir, Marsabit and all parts of Kenya.
I gave examples of New York, Los Angeles and Chicago contribute to the US economy. I also cited Germany whose economy is driven from Munich, Frankfurt, the Ruhr region and Berlin. The troubles of our National Treasury is reason for Kenya too to think of creating an economy that fires on all cylinders and runs on multiple engines by supporting many more sites and sources of economic growth. It is a reason for us to support the counties so they innovate, attract outside investment; raise their own money and spend it in the ways they need.
By BIKETI KIKECHI,NEWS EDITOR – The Standard
