Queries on counties plunder take center stage

Amid the confusion that has become second nature to the ongoing political party nominations across the country lies the question of how county assets are being managed before the transition to new administrations.

Some of the county bosses may lose out in the ongoing party nominations, or at the actual election.

Even then, these governors will still have up to around September before the incoming administration takes charge.

CUSTODIANS

And now there are serious fears that with the legal vacuum, such governors could strip their exchequers dry or commit their respective counties to huge debts months or just days to their exit from office.

“This is a reality we have to live with because we have refused to institute mechanisms of good governance.

"The key persons who should ensure that county properties are preserved and also deliver a smooth transition are the county secretaries.

"But in reality, the position has not developed into a strong office to take charge of transition.

"If anything, most of the county secretaries have been dwarfed by chiefs of staff of the governors, who are just political appointees with no statutory backing,” constitutional lawyer Mutakha Kangu, who chaired the Task Force on Devolved Government, said.

FUNDS MISMANAGEMENT
For Dr Kangu, it is not just those who will lose the elections that are the main concern, but also those who will be re-elected.

“Many of them, including those who are likely to come back after the elections, are using county assets to campaign.

"That is a tricky situation because the incoming administration, whichever it will be, will start servicing debts from day one,” he added.

The time just before and soon after elections has often been tricky, as was evidenced by the suspicious transfers of Sh2.8 billion from secret security accounts prior to March 2013 elections and during the transition period.

Though the National Assembly’s Public Accounts Committee (PAC) in December 2014 recommended the prosecution of then Defence Principal Secretary Mutea Iringo, not much has been done.

In fact, Mr Iringo, who was at the center of the suspicious transfers, then as principal secretary in the Interior Ministry, is now a Jubilee Party candidate for North Imenti.

He left with just a slap on the wrist despite the adverse mentions relating to massive mismanagement of funds.

WAMATANGI'S BILL
For the transition in the counties, Kiambu Senator Kimani Wamatangi had attempted to streamline the process by sponsoring the Assumption of the Office of Governor Bill, 2016, but to date it has not been enacted.

Had the Wamatangi Bill been enacted, it would have established an ad hoc committee, the Assumption of the Office of Governor Committee, to “facilitate the handing over process by the outgoing Governor to the Governor-elect”, much in the same manner as the Assumption of the Office of President Committee, established by an Act with the same name, of 2012.

But while these committees largely facilitate smooth transition, the elephant in the room remains accountability by the outgoing administration.

“It is a major challenge and holding governors to account for mismanagement of funds will not be easy, just as it has not been easy in the past four years,” Senator Wamatangi said.

“However, mismanagement and outright theft by governors and their staff is likely to be worse, more so in a situation where a governor has lost the nomination or the actual election.

"If at the moment they are using public funds to campaign, what will happen once they realise they will not make it back?

RULE OF LAW

Unfortunately, there has been no move, either by the national government or independent bodies and commissions to secure the devolved assets,” the lawmaker, who is seeking re-election, added.

In the run-up to the March 2013 polls, the government had issued a circular to all accounting officers that limited expenditures, other than salaries, to Sh500,000.

Yet in the face of that, the Interior ministry still spent Sh2.8 billion.

Whether another circular is in the offing to preserve county assets, Attorney General Githu Muigai said, will be up to the National Treasury to decide.

“Notwithstanding that an administration may or may not be re-elected, there must be strict observance of the law, the AG said.