Cord MPs say creation of county boards is illegal

Several Opposition MPs have broken ranks with their colleagues and declared they will not support the formation of the controversial County Development Boards in their counties because they are unconstitutional.

This could place the MPs at loggerheads with senators who have embraced the amended County Governments Act.

MPs Junet Mohamed (Suna East), Opiyo Wandayi (Ugunja), Andrew Taboso (Butere), Abdikadir Aden (Balambala), Joyce Lay (Women Representative Taita Taveta) and Mishi Juma Mboko (Mombasa Women Representative) argued that the new law was meant to “kill” devolution.

They urged Cord senators and their colleagues in the Jubilee Coalition to disown the law which was assented to by President Uhuru Kenyatta last week.

“We are becoming participants in scheme whose intention in the end is to kill devolution. We appeal to senators from across the political divide, to disown the new move that antagonises them with governors over development in counties,” said Mr Mohamed.

Mr Wandayi instead urged senators to work with governors to push the government to hand over more functions to counties and increase the funding to the devolved units which are key to development.

“Senators should rally behind the governors and support their fight for the decentralisation of more government functions and for funding,” he said.

Speaking separately, Ugenya MP David Ochieng also criticised the idea.

“The county governments are different governments. Forming the boards is like forming a board that will deal with President Uhuru Kenyatta to decide how he will govern the country,” said Mr Ochieng.

He said the role of the senators is clear in the Constitution and it doesn’t involve them “lording over governors.”

“I don’t get how a board fits into devolved governments. If there are issues with county governments, let the Senate carry out its oversight role,” he added.

Mr Ochieng said the Intergovernmental Forum created under the County Governments Act is the right body to coordinate development projects in the country initiated by the Constituency Development Fund and or through county governments.

President Uhuru Kenyatta recently assented to the Bill sponsored by Nandi Senator Stephen Sang.

BEFORE SEPTEMBER 18

On Thursday, Senate Speaker Ekwee Ethuro said the County Development Boards should be established and convened on or before September 18.

Governors reacted with fury over the new law and declared a war against the national government by embarking on a clamour for a referendum through which they intend to protect devolution.

Council of Governors chairman Isaac Ruto said they will push for a Bill during the referendum which will leave no room for future weakening of devolution. “We will go for a Bill which will stop future moves to weaken devolution,” he said.

Cord’s referendum committee of experts chairman Mr Paul Mwangi also warned against implementation of the law.

Mr Mwangi said that the Constitution vested the sovereign power of the people at the county level in governors and the members of the executive committee.

He quoted Article 179 (1) of the Constitution, which provides: “The Executive authority of the county is vested in and exercised by, a county executive committee.”

At the county level, he said: ‘This committee consists of the governor, the deputy governor and members appointed by the Governor with the approval of the Assembly.”

By allowing governors to chair the development boards, he argued, it was tantamount to  appointing  “a body to decide on the development priorities of Kenya chaired by the speaker and where the President is a secretary.”