Ravenous MCAs go for county speakers

Some resigned from their lucrative jobs or left rewarding businesses because of the glamour of political office and the trappings of power.

The stakes were raised even higher by the fact that they are positioned second in the pecking order, so if the governor’s office falls vacant they will automatically take over the instruments of power, albeit ad interim.

Today, however, most county assembly speakers have become the latest casualties of members of county assemblies (MCAs) who threaten them with impeachment over flimsy claims of misuse of powers.

And their future is not as rosy as it was less than 12 months ago.

With close to 10 speakers facing impeachment motions or sacked, the Sunday Nation established that the speakers have become so defenceless against MCAs that they have opted to play ball for their survival.

“The result is that you must work to gain favour in the eyes of the MCAs. This explains a number of ills happening in some assemblies because, when you become so strict, they impeach you,” said Migori Speaker Gordon Ogola.

His Makueni counterpart Stephen Ngelu agrees. “The fact that the laws on devolution were made in a hurry has created too many grey areas that hamper our work. Lack of procedures on impeachment means speakers are prone to all sorts of manipulation which include doing things that are outside the law,” he said.

Speakers from Trans Nzioa, Nakuru, Embu and Isiolo have moved to court to block motions of impeachment with others like Kisumu’s taking custody of the mace to paralyse House business.

Other counties where speakers have problems include Makueni, Nairobi and Kisii.

Kisii Speaker Kerosi Ondieki on September 19 survived impeachment after a motion tabled for his removal failed to garner the required support of 75 per cent of the members.

The motion tabled by Boochi Borabu ward representative Samuel Onuko sought to remove the speaker on grounds of abuse of office.

In Kisumu County, members of the county assembly impeached the speaker on claims of non-procedural disappearance of the mace.

They accused Ms Ann Adul of hiding the mace at a police station, hence sabotaging House business.

HARDEST JOB

However, the court issued a temporary injunction suspending the impeachment.

In Trans Nzoia, members of the county assembly declared Mr David Sifuna persona non grata after they impeached him.

Many of the county speakers told the Sunday Nation they would prefer an arrangement where the Senate holds the final say on their impeachment process as it does for governors.

Nairobi County Speaker Alex Ole Magelo said there are times he feels like quitting.

“Being a speaker could perhaps be one of the hardest jobs today. There are times when I feel like walking away because when you try reasoning with them (MCAs), it does not work. Constant threats of impeachment do not help either,” he told the Sunday Nation.

Admitting that there is indeed no law shielding the speakers from witch-hunting and all manner of manipulation, Senate Majority Leader Kithure Kindiki said neither the National Assembly Speaker nor his Senate counterpart is safe.

“MPs can meet one morning and, with a two-thirds majority, vote to send the speakers home. The speakers serve at the behest of members of the Houses,” he said.

What has emboldened the MCAs so much is the fact that the County Government Act does not set the threshold or grounds for impeaching a speaker, handing them a blank cheque.

Section 11 of the Act says: “A speaker of a county assembly may be removed from office by the county assembly through a resolution supported by not less than 75 per cent of all the members of the county assembly. A notice of the intention shall be given in writing to the clerk of the county assembly, signed by at least one-third of all the members of the county assembly stating the grounds for the removal.”

However, the speaker is supposed to be accorded an opportunity to respond to the allegations on the floor of the House before the debate and voting on the motion.

ARE NOT SUPERIOR

In what will certainly annoy speakers and appear a populist overture to the MCAs, Prof Kindiki said the Senate, which is the custodian of devolution, has no plans to institute a law that would make it a bit harder to impeach speakers.

Senator Kindiki said they must never forget when discharging their duties that they are not superior to the members.

“The privilege enjoyed by the MCAs will remain. The speakers lead people who are elected directly by the people. The problem is not with the law but with the assemblies. The MCAs are misusing this privilege; unless the matter the speaker is accused of is so grave and outrageous, there is no point sacking them left, right and centre,” he said.

The Jubilee and Cord coalitions are each keen to win the hearts of the MCAs in the referendum push by governors and Cord as they will be instrumental in deciding the fate of the exercise.

It is also emerging that because some speakers unsuccessfully ran for offices held by the MCAs, this could expose them to unnecessary conflict with members growing concerned that the offices they hold could give them clout, a springboard they might ride on in 2017.

Until the law is changed to include a threshold and grounds for impeachment, county assembly speakers who want to serve their full term will have to dance to the tune of the MCAs lest they rub them the wrong way.

Additional reporting by Silas Apollo