Exit the all powerful PCs as county commissioners named

President Kibaki’s move to deploy regional commissioners and senior district commissioners to the 47 counties to oversee government functions appears to have effectively ended the era of the all powerful Provincial Commissioners.

Even though the President made no reference to the fate of the PCs when making the appointments, it was evident from the changes that the hitherto powerful administrators had no place in the new dispensation.

But the government was on Saturday quick to clarify that the PCs would not be sent packing but would instead be absorbed into other government departments.

“Because the Constitution says there will no PCs, we will absorb them in the central government within five years so they should not panic that they are going home,” said Internal Security assistant minister Joshua Ojode.

He further explained that the other provincial administrators like DCs and district officers (DOs) who were not deployed to the counties would continue serving in their respective stations.

“The ones we sent to the counties are senior DCs, the others will remain in their current stations.

“Those who were deployed to the counties should report immediately. I will get them new vehicles to help them discharge their duties,” Mr Ojode said.

While making the appointments the President quoted Section 17 of the Sixth Schedule of the Constitution.

“Within five years after the effective date, the national government shall restructure the system of administration commonly known as the Provincial Administration to accord with and respect the system of devolved governments established under this constitution.”

The President pointed out that the Fourth Schedule clearly outlines the distinct functions of the national government and those of the county governments.

But a former member of the task force on devolution, Mr Kipchumba Murkomen, said the appointments were wrong because he bypassed Parliament.

“It is President Kibaki who rejected the County Governments Bill 2012, which sought to restructure the provincial administration at the counties among others.

“He cannot therefore legally purport to make appointments in counties when the bill in still in limbo,” Mr Murkomen said.

He added that Parliament is part of the government and its involvement in formulating county structures is important.

He said that the appointments have set the stage for conflicts between the regional commissioners and governors and the people of Kenya.

The task force had proposed that the provincial administrators from the DC and below work under the county governments to avoid conflicts.

“We must also acknowledge that these officers have invaluable expertise that we cannot find anywhere.

“For county governments to function, they need the administrative skills of these officers without creating parallel territorial authorities.”

But on Saturday, Mr Ojode dispelled claims that the appointments did not respect ethnic balance since 12 out of the 47 newly appointed administrators come from the Mt Kenya region.

“The appointments were based on merit and seniority and not tribes so people should stop reading mischief,” he said.

The officers are expected to coordinate security, national government functions and delivery of services. They will also manage conflicts and promote peace.

The President directed the new appointees to embark on registering government assets in the counties, including land and buildings, equipment, vehicles, staff, documents and all other public resources. This will include assets under local authorities.

They will also begin compilation of draft county strategic plans and other development plans. The county commissioners will also facilitate the ongoing civic education on the Constitution and devolution.

Within hours of the announcement there were indications the appointments had caught many officers within the civil service off-guard with murmurs that the new commissioners are an unnecessary burden on taxpayers.

After independence, the provincial administration, a throwback from decades of colonialism, evolved into a ruthlessly efficient machinery through which the government wielded power.

The eight provinces were headed by provincial commissioners who reported to the President. Below them came district commissioners, district officers, chief and assistant chiefs.

Through this chain the President had in place men and women whose sole existence depended on enforcing government policy no matter how unpopular. They were also empowered to keep opponents of the ruling party in check.

The provincial administrators openly dabbled in politics so much so that at the end of the Kanu regime the system was widely seem as a wing of the ruling party.

During constitutional review, Kenyans made it clear that if democracy was to take root, the provincial administration had to go.