Why the Senate should now play more of a doctor’s role than that of protector

What you need to know:

  • Devolution is at the crux of Kenya’s Constitution that declares equity as an underlying principle of governance. Ask anyone who has read and understood the Constitution to summarise it in one word. Devolution is most likely to be it.
  • Although disorder and infighting are rife in the county governments of Embu, Uasin Gishu, Isiolo, and Makueni, I’ll zero in on the latter which has moved from “traditional” impeachment, to calls for the county government’s suspension.
  • “A person may petition the President to suspend a county government in accordance with Article 192(1)(b) of the Constitution if the county government engages in actions that are deemed to be against the common needs of the citizens of a county.”

For close to half a century, Kenyans were resigned to the fact that the government did very little, if anything at all, to harness opportunities for nationwide development.

But in the two decade-long constitutional review, the demand for devolution was sustained and through the 2010 Constitution, Kenyans — the majority of whom were previously marginalised — got their way.

Devolution is at the crux of Kenya’s Constitution that declares equity as an underlying principle of governance. Ask anyone who has read and understood the Constitution to summarise it in one word. Devolution is most likely to be it.

To efficaciously implement the letter and spirit of devolution that will give rise to cohesive national development, citizens must appreciate the history of our contemporary inequalities.

As I think about the increasing infighting in various counties, I get the impression of a beneficiary of the old order smiling and drumming his fingers on a desk.

His smile broadens as more counties join the list and he bursts into laughter as the fad moves from impeaching governors and their deputies to the dissolution of the entire county.

But as Kenyans, we cannot let he of the old order have the last laugh.

Although disorder and infighting are rife in the county governments of Embu, Uasin Gishu, Isiolo, and Makueni, I’ll zero in on the latter which has moved from “traditional” impeachment, to calls for the county government’s suspension.

Article 192(1) of the Constitution provides that the President may suspend a county government in an emergency arising out of internal conflict or war; or in any other exceptional circumstance.

Going by the fact that there were no calls for suspension of the county governments of Mandera and Wajir — where casualties have arisen from the conflict between the Degodia and Garre clans — it is unlikely that five people being shot and injured in Makueni towards the end of September will be considered internal conflict.

SUSPEND COUNTY GOVERNMENTS

Article 123 of The County Government Act provides the exceptional circumstances that may warrant the suspension of a county government.

“A person may petition the President to suspend a county government in accordance with Article 192(1)(b) of the Constitution if the county government engages in actions that are deemed to be against the common needs of the citizens of a county.”

On receiving such a petition, the President must within 14 days submit a report to the apex body, otherwise referred to as the Summit, which comprises the 47 governors and himself as the chair.

By carefully analysing the law, it is apparent that the counties and their assemblies were not designed to self-destruct. As units of devolution struggle to run effectively, Kenya’s national immune system remains vulnerable and weak.

The country currently seems to suffer from many illnesses — jitters over the calls for a referendum, loss of tourism revenue, insecurity, terror attacks and a plethora of others.

We need to stop politicking for a moment and think like doctors. If 10 children in a family all exhibit similar symptoms — that include body aches, headache, fever, diarrhoea, rashes and upset stomachs — it would be ridiculous to try and treat each of these symptoms individually.

Instead, tests to determine the source of the illnesses must be conducted on a representative sample of the children. If it is found to be a viral infection, treatment will be administered to all children, thus eliminating the virus.

The Senate’s cardinal role provided by Article 96 of the Constitution is to represent the counties and serve to protect their interests and those of their governments.

Article 192 strengthens the Senate’s mandate, giving it the final say on whether a county should be dissolved or spared.

The Senate and particularly its Committee on Devolved Government, however, needs to play more of ‘doctor’ than ‘protector’ as it carries out inquiries. It should use that chance to identify common underlying factors that stir chaos in the devolved units.

A powerful elixir needs to be administered on all afflicted counties and a vaccine created for those that remain intact.

Mr Mutulu is a media relations officer in Parliament ([email protected]).