Showdown looms over bid to extend TA's term

A showdown looms between MPs and senators over a bid to extend the term of the Transition Authority (TA) after the former rejected calls for its extension, saying the authority had completed its crucial work.

Constitutional Implementation Oversight Committee (CIOC) chairman Njoroge Baiya also brushed off the Senate's efforts to extend the TA's term by two years through a constitutional amendment Bill, saying the National Assembly also had a role in the matter.

TA chairman Kinuthia Wamwangi said the agency required more time to complete “core work”, saying should its term come to an end on March 4, as required by law, it would jeopardise the devolution process.

“Our role is to ensure the implementation of devolution, which is a new system of governance and not merely transfer of power. We also have to see to it that the two systems work smoothly which is yet to be done,” he said.

However, Mr Wamwangi was put to task to explain why devolution would be at risk and yet several government agencies and ministries, including the inter-governmental relations committee, supposed to take over TA’s remaining role, were in place.

Mr Baiya said it was a constitutional requirement that the TA wind up three years after the elections of county assembly members, which falls on March 4, saying an extension of its term would been as counter to devolution.

He said the Council of Governors was against the move, since according to them, the term of the transition body would lead to further delay of transfer of functions from the national to the county governments.

SENATE SUPPORT

The TA has so far received the support of the Senate, which has published a constitutional amendment Bill to extend the authority’s term.

But there is a hitch; since the Bill would have to wait 90 days before it can be debated and approved in the House.

This would push it to May, two months after the expiry of the authority’s term.

Mr Wamwangi said some of the pressing issues that required being completed include audit of assets and liabilities of the county and national governments and rationalisation on redeployment of staff at both levels of government.

He said the country’s assets would be “up for grabs” should the TA be unable to complete the audit.

He said the authority had not been able to complete the work as it had been bedevilled by underfunding throughout its term.

Gatanga MP Humphrey Njuguna said some of the work the TA said it required to complete before folding up such as fighting corruption in the counties could be handled by bodies such as the Ethics and Anti-Corruption Commission.

He also said a tender that was floated for an audit of assets and liabilities, in the two levels of government was cancelled in unclear circumstances saying there was no justification for extending the term of the TA.

“The TA was never meant to be permanent but transitional in nature. The extension you (TA) are seeking is for marking time, doubling and duplicating issues already completed,” he said.

The vice-chairman of the committee Moitalel ole Kenta, also the MP for Narok North, accused the TA of bowing to pressure by the executive to lump in functions from the government to the counties, creating confusion.
However, the TA boss said the team followed the law in unbundling the functions.

He added that the authority was still required as an independent arbiter in cases of conflict between the two levels of government over mandate.

Mr Baiya said the committee retreat to compile a report to be presented to the National Assembly, possibly setting the stage for a confrontation with the Senate.