Governors to lose title ‘excellency’ in new law

Members of Parliament on Wednesday voted to strip governors and county assembly members of the “Excellency” and “Honourable” titles , opening a fresh battlefront with leaders of devolved governments.

In what is likely to increase animosity between the National Assembly and county leaders, the MPs also placed themselves at the same level as governors in protocol ranking and left out county assembly members altogether.

If President Uhuru Kenyatta signs the Bill into law, governors and members of county assemblies (MCAs) will only be referred to by the names of their office.

The move by the MPs is likely to ruffle the feathers of governors, already referred to as “Your Excellency” and MCAs who have since assumed “Honourable” as the title for their office.

MPs already use the title “Honourable”.

Among other things, the Bill addresses seniority and hierarchy of public officers for the purpose of State functions and also stipulates who can use sirens.

Council of Governors chairman Isaac Ruto dismissed the amendment as “immaterial, irrelevant and a sign of bankruptcy of ideas” by MPs.

The Bill sets the order of precedence for officials at diplomatic, official and social state functions within the country and abroad and gives the official titles of designated office holders.

Anyone who flouts the new provisions once the Bill is enacted will be fined up to Sh2 million or face 12 months imprisonment or both.

MPs could not hide their discontent that county assembly members insist on being referred to as “Honourable” and governors as “Your Excellency” and argued that this causes unnecessary confusion, especially at official public events attended by various government leaders.

The title of “His/Her Excellency” will now only be reserved for the President and Deputy President and their spouses while that of “Honourable” will be reserved for MPs for purposes of all public address.

MPs said the law was necessary to cure protocol issues following a clash in titles and confusion.

“The law is there to bring clarity in the order of precedence. It is not about being selfish to governors and MCAs,” Kiminini MP Chris Wamalwa said. “Let MCAs know from today onwards that they are MCAs and governors are governors… or they will be fined up to Sh2 million.”

However, Governor Ruto accused MPs of seeking to take control of everything, wondering how stripping governors of their titles will affect their responsibilities.

IRRELEVANT ISSUES

“Those are very irrelevant issues… We have no time for that,” he said in a telephone interview.

The Bill, sponsored by Eldas MP Adan Keynan, also removes Cabinet secretaries, the Attorney-General and Auditor-General from the list of State officers who shall be entitled to use sirens on their motorcades and processions.

Governors will not be allowed to use sirens either.

Failure to comply will be considered an offence and will attract a fine of not less than Sh1 million and not more than Sh2 million or one year imprisonment or both.

The President and Deputy President, the Speakers of Parliament, the Chief Justice, the Chief of the Kenya Defence Forces and the Inspector-General of Police are the only State officers who will be entitled to use sirens.

The Bill was also amended to allow former presidents and prime ministers to use sirens on their motorcades and processions.

Members also amended the Bill bringing former presidents and former prime ministers slightly higher in hierarchy in the order of precedence.

They will now come at position five after the President, the Deputy President, the Speakers of Parliament and the Chief Justice.

But Magarini MP Harrison Kombe protested the decision to place MPs and governors on the same level in the order of precedence saying this would bring up the superiority question.

He said the only way to avoid a clash would be to separate the two and place them at different levels.

Some MPs have claimed in the past that the National Assembly was being used through the Bill to fight wars with MCAs and governors, a claim Adan Keynan has denied.

The rest of the hierarchy has the judges of the Court of Appeal and High Court, Cabinet secretaries, the Attorney-General and Auditor-General, principal secretaries, Chief of the Kenya Defence Forces, Inspector-General of the National Police Service, Director-General of the National Intelligence Service, chairpersons of Constitutional commissions, commissioner of prisons, ambassadors and high commissioners.

The Order of Precedence Bill shall be used to determine sitting arrangements, programmes and the order in which state officials deliver addresses at all state functions and any other matters of protocol.

Mr Keynan, who moved some of the amendments, said he had consulted widely on the provisions of the Bill to avoid having the Bill go through the Senate.

The MP said the Bill was intended to cure existing personality clashes arising from new positions created by the Constitution. He said being elected into an office is difficult and, therefore, MPs and all other elected officials must be given sufficient respect to “appreciate their struggle and efforts”.

Nyandarua MP Wanjiku Muhia said the Bill was necessary because of challenges that have been experienced and she was optimistic that it will assist the State to give elected leaders respect and recognition.

Funyula MP Paul Otuoma echoed the argument, saying the Bill will help bring back the dignity of MPs as the people’s representatives.