Law review fears grip PCs and DCs

Lugari district commissioner Fatma Ahmed follows proceedings during a conference for DCs, regional commissioners, and PCs at the Kenya Institute of Education on Friday. The conference seeks to win the support of the provincial administrators for the proposed constitution. Photo/FREDERICK ONYANGO

What you need to know:

  • Meeting called to draft administrators for public education marked by worries

Senior administrators’ fears for their future dominated a meeting called to win their support for the proposed constitution.
Internal Security minister George Saitoti, permanent secretary Francis Kimemia, and Defence assistant minister David Musila were at pains to assure the administrators that the department would not be scrapped.

The conference of 270 district commissioners, 18 regional commissioners, and eight provincial commissioners at the Kenya Institute of Education sought to marshal the support of provincial administrators in carrying out voter education and dealing with hate speech, among others.

But it was evident that a majority of the administrators were most concerned with the section stating that “within five years after the effective date, the national government shall restructure the system of administration commonly known as provincial administration to accord with and respect the system of devolved government established under this constitution.”

Rachuonyo South DC Ole Tepas expressed fears that provincial administrators would not have any role in employment, assigning, and dismissal of Administration policemen if the force is to be under the Inspector General of Police, a thing, he said “which will make us useless.”

DC Matilda Sakwa said the provincial administration could be phased out if does not “fit in” with the devolved governments.Central PC Japhet Rugut said there was a lot of anxiety over which direction “the draft constitution will take us.”

“We shall now go back home rejuvenated with a lot of assurance. We are happy to share this forum together. There’s a lot of confusion and misinformation, with some people twisting the truth to suit their own interests,” he said

Majority of the DCs who spoke also expressed concern that the proposed constitution would weaken them, with most of their powers going to county governments. They also raised issues with sections on the establishment of the Inspector General of police, kadhi’s court, and land.

Unfounded

But Prof Saitoti said: “The fears are unfounded. You should have nothing to worry about. Restructuring is not the same as abolishing.”

He added: “Our position as a ministry and, by extension the government, is that the proposed constitution provides for a restructured provincial administration that will embrace the devolved system of government.”

He said the participants should “clarify” the issue to administrators under them to “enhance their confidence and morale.”

“There is no government which can operate without provincial administrators,” Mr Musila added.He denied that the proposed constitution gives room for security personnel to go on strike.

Prof Saitoti directed the administrators to ensure security during the referendum campaigns and provide logistical support to agencies involved in the polls.

Prof Saitoti and the PS called for action against leaders who use the campaigns to “spread fear and hatred among Kenyans.”

Experts interviewed on Friday agreed that the provincial administration and local authorities would be irrelevant in the new system.

That essentially would mean that the local authority structure and the provincial administration as we know today will be abolished.

Former Law Society of Kenya chairman Okong’o O’Mogeni said he believed that the MPs had remained vague on the issue to garner support for the constitution to pass and then let the government, through Parliament, deal with any “chaos” thereafter.

“Any attempt to do away with the provincial administration is and has always been very unpopular with incumbents who can easily muscle enough support to reject the document, say, at the referendum,” said Mr O’Mogeni.

University of Nairobi political science lecturer Adams Oloo said counties would be under elected governors and other elected leaders under him.

“The bottom line is that we are doing away with the two institutions as well as the people on the ground, albeit incrementally,” said Dr Oloo.

If anything, counties will take over various roles, including agriculture, health services, control of pollution, cultural activities, public entertainment, and amenities.

Restructured

Other services they will perform include transport, animal control and welfare, trade development and regulation, county planning and development, pre-primary, polytechnics, home craft and childcare centres, county public works, and fire fighting.

Lawyer Paul Muite said: “My own interpretation of this is that the restructured provincial administration should fit in with the counties. That, to me, means clearly there should not be any role of the provincial administration.”

Another lawyer, Prof Githu Muigai, said he believed that the devolved government would be incompatible with the provincial administration.

“By providing for a five year period”, Prof Muigai says, “it is hoped that the devolved government will have taken shape and it would be clearer how it relates to the central government.”

The phasing out of the provincial administration, he said, would be more orderly. He added that some of the key functions of the central government at the provincial level and below would have been taken over by the counties.

“The counties will have extensive powers of self administration and, therefore, the direct administration of the central government will be diminished substantially, if not eliminated,” Prof Muigai said.