Barring senators from challenging governors will disenfrancise Kenyans

I find it strange that Parliament’s Constitution Implementation Oversight Committee (CIOC) wants senators barred from running for gubernatorial seats in the next General Election.

I find it curious because CIOC says there will be a conflict of interest if senators were to run for governorships because of the Senate’s oversight role over county governments.

“The Committee observed that there is a conflict of interest between senators and governors where the senators, who are supposed to represent and safeguard the interests of counties, end up having interests to be leaders of these counties,” says CIOC.

The committee wants senators barred because they have insider information about counties by virtue of their positions.

Put another way, CIOC is asking the National Assembly to enact a law to protect governors against competition from senators because the latter have an electoral and political advantage over the former, courtesy of their constitutional mandate. First, let us look at the constitutional role of the Senate and try to understand the move by MPs.

•The Senate represents the counties, and serves to protect the interests of the counties and their governments;

•The Senate participates in the law-making function of Parliament by considering, debating and approving Bills concerning counties;

•The Senate determines the allocation of national revenue among counties and exercises oversight over national revenue allocated to the county governments; and

•The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office.

May I submit that I do not understand how exercising their above roles qualifies senators to be like company directors who would buy or sell their shares at the bourse to their advantage on account of the information they have from the boardroom. May also submit that what the Senate discusses is available to sitting and aspiring governors in the Hansard.

Second, may I ask this, who between senators and Members of the County Assembly (MCAs) has a greater oversight role over devolved governments? The people governors dread are not senators but MCAs because the “legislative authority of a county is vested in, and exercised by, its county assembly.”

Therefore, MCAs have the power, inter alia, to:

•Exercise oversight over the county executive committees (cabinets) and other organs of the county executives;

•Make laws for the effective performance of the functions of the county governments;

•Approve budgets and expenditure by the county governments;

•Approve borrowing by county governments; and

•Receive and approve plans and policies for (a) the management and exploitation of the county’s resources and (b) the development and management of its infrastructure and institutions.

CONSTITUTIONAL MANDATE

It is in accordance with or adherence to or breach of this constitutional mandate that MCAs have governors over a barrel and threatened many of them with impeachment and, as was the case in Makueni, made it impossible for Governor Kivutha Kibwana and the executive to operate by simply refusing to pass his budget unless their perks were increased.

MCAs, given the roles spelt out here and their proximity to county governments and governors, know a lot more about what happens in county governments, with regard to management of projects and the funds for them, than do senators. This explains why last June MPs reallocated Sh1 billion the Treasury had given the Senate for oversight of counties.

Last, why are MPs, who always deride the Senate as a home for retirees, suddenly arguing that senators would enjoy an undue advantage over governors in a poll? I say governors must run on their records and if they are impressive, they will be re-elected even when challenged by senators. Governors must not be protected by any institution or individual.

That brings me to a story I read on Tuesday. Wundanyi MP Thomas Mwadeghu alleged that Orange Democratic Movement (ODM) governors have asked party leader Raila Odinga to give them direct nominations in next year’s gubernatorial polls.

Mr Odinga and the ODM high command must not impose gubernatorial – or any other – candidates on ODM faithful.

All should be free to seek elective office and electors free to elect their representatives.

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