Why outgoing governors can’t mismanage assets

President Kenyatta and governors on March 7, 2017 in Naivasha. PHOTO | PSCU

What you need to know:

  • The Constitution under Article 207 (3) is unequivocal that monies shall not be withdrawn from a County Revenue Fund unless approved by the Controller of Budget.
  • An Huduma Centre will not close down because the President or parliamentarians are out campaigning.
  • It is malicious to claim services will come to a standstill because a governor is campaigning.

The preservation of assets in the pre- and post-election period is a matter that has attracted public debate.

Whether or not the country is engrossed in electioneering, we are governed by one sacred document: The Constitution — anchored on the tenets of accountability, rule of law, good governance, integrity and transparency.

All State Officers and other civil servants have a constitutional duty to utilise public resources efficiently, effectively and economically.

The national and county governments are bound by these provisions.

It is, therefore, unfair and in bad faith to allege that governors have tapped into county funds to finance their political ambitions.

PUBLIC FINANCES

The Constitution under Article 207 (3) is unequivocal that monies shall not be withdrawn from a County Revenue Fund unless approved by the Controller of Budget.

Additionally, the Public Finance Management Act, 2012 has entrenched comprehensive procedures for access and use of public finances. The same Act provides for sanctions where county officers flout these laws.

Taking cognisance of the fact that this is the first transition for the pioneer county governments, the country has had elections before yet services continued to be delivered.

An Huduma Centre, for example, will not close down because the President or parliamentarians are out campaigning.

Offices will remain open. This standard will apply to the county governments.

It is malicious to claim services will come to a standstill because a governor is campaigning. Governors do not carry government offices on their backs.

GUIDING TRANSITION

The technical and administrative staff in the executive and the county assemblies have full capacity to keep operations running and are obligated to utilise public resources prudently, or attract criminal prosecution.

The Assumption of Office of the Governor Bill 2016 is the proposed law before the Senate aimed at guiding transition in counties.

This law mirrors the Assumption of Office of the President Act 2012. The Council of Governors has reservations on this Bill, and a memorandum to the Senate has been submitted to this effect.

However, the Bill, if enacted with necessary amendments, will be effective in facilitating seamless transition come September 2017.

The Bill proposes that its provisions, upon enactment, be passed at the county level so that all the 47 counties will have a legal and institutional framework for assumption of office.

ASSETS AND LIABILITIES

Another subject of debate is county assets. The elections discourse aside, it is worth noting that the audit, verification and transfer of assets and liabilities belonging the defunct local authorities was not finalised by the former Transition Authority.

 On this premise, and aware of the risks surrounding loss of public assets, the Intergovernmental Budget and Economic Council in a sitting held on September 28, 2016, resolved that this process be urgently completed. Subsequently, a Gazette Notice (No 2701) dated March 24, 2017 was published.

Another legal notice was published and provided for the following: A coordinating agency — the Intergovernmental Relations Technical Committee; an Inter-agency Technical Team; and the County Assets and Liabilities Committees for each county.

The Inter-Agency team prepared guidelines for the identification, verification and validation of the assets and liabilities of the defunct local authorities and developed principles, appeals, and monitoring and control mechanisms.

VALIDATE ALL ASSETS

As I write this article, the Inter-agency Team is undertaking induction for the County Assets and Liabilities Committee members after which they will, among others: identify, verify and validate all the assets and liabilities of the defunct local authorities; identify, record and secure all relevant documents in relation to the assets and liabilities of the defunct local authorities; and prepare a comprehensive register of the assets and liabilities as at March 27, 2013.

For current assets that are verifiable, and which may have accrued in the last four years, the Public Finance Management Act in Section 153 is clear that the accounting officers for the county government are responsible for the management of assets and liabilities, and not the governors.

TRANSITION PERIOD

Similarly at the national level, the National Treasury has this responsibility. In both cases, the public offices are accountable to the people of Kenya and must ensure that the use and disposal of assets is done in accordance with the law, whether during an election year or not.

Purporting that outgoing governors could mismanage resources during the transition period is, therefore, erroneous.

There are also initiatives commissioned to manage the pre- and post-election period.

Ms Mogeni is the Chief Executive Officer, Council of Governors