Governors warn of anti-county laws
What you need to know:
- AG office auditing the implementation of the constitution to identify gaps and triumphs.
- Council of Governors say MPs have so far passed 25 Bills that have several clauses undermining devolution.
Governors have criticised the National Assembly for deliberately passing Bills that undermine devolved functions.
Makueni Governor and chairman of the Council of Governors’ (COG) Legal Affairs, Prof Kivutha Kibwana, said MPs have already passed 25 pieces of legislation that contain provisions which undermine devolution.
He said the new laws weaken devolution by either re-centralising power or ignoring county governments in matters where they have a constitutional assignment over specific functions.
He was speaking on Friday during the launch of a Guide to the Legislative Process in Kenya developed by the Kenya Law Reform Commission (KLRC). Prof Kibwana represented COG chairman Peter Munya.
The Bills before the National Assembly and Acts already passed, he said include the Health Bill, the Kenya Roads Bill, the Mining Bill, the Agriculture and Fisheries and Food Authority Act 2013.
“It is my hope that this guide will remind us of the sovereignty of the two levels of government and the cooperation contemplated by the constitution. I challenge the National Assembly and the Senate to ensure complete fidelity to the constitution in the legislative-making process,” said the governor.
Attorney-General Githu Muigai said his office was auditing the implementation of the Constitution to determine the success and gaps that need to be filled.
In a speech read by the Solicitor General Njee Muturi, the AG said the new constitutional order demands transparency, accountability and participation in governance.
Devolution and Planning Cabinet Secretary Anne Waiguru commended the strides made in the two years of implementing devolution, however, said a lot needs to be done to help county governments with skills to formulate legislation.
Constitution Implementation Committee vice-chairperson, Dr Elizabeth Muli, said Kenyans had been treated to unnecessary debates on laws that have been crafted without due regard to the constitution.
‘There is a serious shortage of drafters of laws in this country yet we have a School of Law that has been in existence for many years,” said Education Cabinet Secretary, Prof Kaimenyi.
“We have to have deliberate effort to train the drafters,” he added.
