County chiefs oppose audit by Edward Ouko team

From left: Governors Kenneth Lusaka (Bungoma), Paul Chepkwony (Kericho), Nathif Jama (Garissa), Isaac Ruto (Bomet) and Julius Malombe ( Kitui) at the Governors’ Summit on February 27, 2015 in Naivasha. PHOTO | JEFF ANGOTE |

What you need to know:

  • National Assembly mandated team to report on the social-economic impact of the Constitution.
  • Governors say MPs are using auditor-general to settle scores; Ouko denies interference by MPs.

Auditor-General Edward Ouko had a rough time at the Governors’ Summit which ended in Naivasha on Friday.

Governors are suspicious about the motive of an audit a team led by Mr Ouko is undertaking on the social and economic impact of the 2010 Constitution.

The auditor-general faced a lot of hostility from governors who strongly believe that MPs are using his office to settle political scores with them.

The audit was commissioned by the National Assembly in February last year, and the team constituted in August. It is required to complete its work in seven months and submit its report to the National Assembly.

Governors argue that the audit could be used to make radical decisions which could include merger of certain counties as well amendments of the Constitution.

Besides the motive, the governors question the timing, methodology, composition of the Ouko team and the fact that they were not involved in making the decision.

The county leaders’ response to the audit highlights the suspicion between them and MPs, which lays the ground for rejection of the report. Nandi Governor Cleophas Lagat told Mr Ouko that they are particularly uncomfortable that the report will be handed over to MPs for implementation of the proposals.

ANTI-DEVOLUTION

“The National Assembly wants to use the auditor-general to settle scores with governors. It is clear that a majority of MPs do not support devolution. Some of them have called for the merger of counties,” Kitui Governor Julius Malombe said in an interview with the Sunday Nation.

“We are being taken back to 1963 when Parliament enacted laws that killed devolution. Parliament wants to kill devolution though the backdoor.”

MPs have been on the warpath with governors who they accuse of misusing development funds, corruption and misplaced priorities. Last week, Parliament passed a law stripping governors of the title “His Excellency”.

The MPs also placed themselves at the same level as governors in protocol ranking.

Council of Governors chairman Isaac Ruto argues that the audit should be conducted by the Commission on Implementation of the Constitution (CIC) and include individuals who were at the heart of the battle for the constitution.

According to Kisumu Governor Jack Ranguma, recent activities by MPs have shown that they cannot be neutral arbiters on matters devolution.

“The Jubilee leadership does not support devolution. Senators will have a difficult time to explain what they have done to the electorate in 2017 because they have no money for projects. MPs are busy fighting governors in funerals instead of passing laws that benefit the people,” Mr Ranguma said at the summit hosted by the Nation Media Group. 

The annual meeting is meant to assess the status of devolution. 

Mr Ahmed Abdullahi, the Wajir Governor, argues that it is too early to assess the success of devolution.

“We are suspicious about the timing of the audit. The transition period in the Constitution is three years and some of the functions assigned to counties are yet to be transferred to us,” he said.

But Mr Ouko defended his team, saying that their work will not be influenced by any political interest and will be guided by the Constitution. 

Other members of the panel include Lady Justice Linnet Ndolo, Dr Abdirizak Nunow, Equity Bank COO Julius Kipng’etich, MwarapayoWa-Mwachai, Dr Elizabeth Owiti and Erastus Wamugon.

Mr Ouko told the governors that the audit will be based on collected evidence, documented data and that the county chiefs will be involved.

“We are independent and owe our fidelity to the public. The panel is made of highly respected professionals and our work is above board. We’ll not be influenced by any organisation to reach certain conclusions,” he said.

CUT BUDGET

The audit was ordered by the National Assembly’s Budget and Appropriations Committee after it cut the Treasury’s budget by more than Sh5.3 billion.

The committee, chaired by Rev Mutava Musyimi, gave the Parliamentary Service Commission Sh80 million for the audit of the Kenyan Constitution.

It is expected that the Ouko team will come up with radical proposals on hiring in counties to address the rising wage bill and spending.

Mr Musyimi said: “Undertaking such a socio-economic audit is now timely in light of the expansion of institutions and services and also taking stock of the experience gained in working with the current document during this period of transition.”

The committee said that the report will provide necessary information to help MPs in execution of  their oversight role.

According to the terms of reference, the panel is supposed to assess the impact of the implementation of the Constitution to the nation’s economy and in particular its public monies.

But Murang’a Governor Mwangi wa Iria thinks that far too many organs are involved in oversight of governors.

“We are oversighted by the County Assembly, Senate, Parliament and the public. No other state officers are subjected to such.”

The governors also raised concern with what they see as a scheme by the national government to sustain propaganda that the county governments had failed to deliver on their mandate. They accuse the national government of failure to fully transfer duties and release money allocated to counties as well as interference.

HEALTH MINISTRY

They cited a decision by the ministry of Health to send money directly to hospitals without involving governors who see this as part of a scheme by the national government to take back management of the health sector.

Consequently, the Council of Governors has petitioned the CIC to intervene, saying the move was against the supreme law, which assigns management of health institutions to counties.

“We are shocked about the decision by the ministry on the release of the money which is purported to be compensation for user fees in hospitals,” said Mr Ruto who chairs the council.

“This is a scheme to micro-manage hospitals and fuel the propaganda that counties have failed to manage the health sector. These are dirty tricks by the national government to derail devolution because some of the hospitals where the money has been sent are imaginary,” Mr Ruto said.