What do ongoing layoffs in counties mean for continuity?

In this interactive series, we invite our readers to send in questions to select public figures. Answers will be published in the next print and online editions. This week, Council of Governors Chairman Josphat Nanok responds to your questions.

1.You were elected chairman of the Council of Governors just some months to the General Election 2017 and now the Jubilee Party wants you replaced by Governor Salim Mvurya. Would you say that the Jubilee Party may be interfering or is an election at the CoG impending?

Githuku Mungai, Nairobi

The Council of Governors is non- partisan and currently in a transition. The Council affairs are run by the 47 County Governments. The governors are working to put a new Council Executive leadership.

2. Sir, I have been keenly following the issue of nurses’ strike and my feeling is that instead of the issue being taken upon by the National Government or the individual counties as the case may be, your Council should be solely deal with the matter. What would be your take on this?

Francis Njuguna, Kibichoi

There is a court decision that states that the CoG is a joint mechanism for negotiations of Collective Bargaining Agreements and Recognition Agreements and in this regard the Council can only play a co-ordination role, which we have successfully done with the doctors. The CoG has been holding many consultative meetings with the nurses and the court on Friday last week ruled that the nurses’ strike is illegal.

3.Counties often complain about IFMIS as being a tool by the National Government to interfere with and punish the independence of the devolved units. In a layman’s language, how does that happen? What particular challenges are you currently experiencing with IFMIS?

S. Owaga, Siaya

No sufficient capacity building, no sufficient infrastructure especially regarding internet connectivity such as 3G and 4G. Sometimes it locks and does not function.

4.Doctors and nurses have been agitating for the health function be taken back to the National Government because in their view County Governments do not have the capacity to manage the crucial sector. What is your opinion on this?

Andrew Maranga Ratemo, Malindi

Counties are up to the task. Health delivery in the county has improved significantly. It is not possible to revert the function short of a referendum. The Cabinet Secretary is on record stating that the health function will remain a devolved function because it is best for the Kenyans.

5.Congratulations for your recent re-election as Turkana Governor and kudos too for the good work you are doing as chairman of the Council of Governors. The Council activities are to the best of my knowledge directly funded by counties and partly by foreign development partners with keen interest in the success of devolution. Now, in view of the fact that some counties have made a habit of withholding their contributions and annual remittances to CoG, how are you dealing with this to close any financial gap?

Dan Murugu, Nakuru

Section 37 of the Intergovernmental Relations Act states that the CoG is to be funded by the National Government. In the last three years 12 per cent of CoG budget has been met by the National Government. Counties contribute to support the operations of CoG to a large extent. For the counties that do not pay, there are sanctions that are applied and implemented.

 6. The massive lay-offs being witnessed in the counties at the moment may be viewed as an indictment on the leadership and governance processes of governors. Does it mean in the Council of Governors you do not emphasise on integrity in human resource recruitment? What do these layoffs mean for continuity in the functions of the devolved governments?

Komen Moris, Eldoret

There is no staff who has been laid off. Counties are conducting HR audits which is expected in any transition. The CoG emphasises on integrity and the rule of law. During the last CoG meeting it was agreed that the Council will ensure that they apply integrity and the rule of law.

 7. Your point of disagreement with the President was on the oil revenue sharing between counties and the national government. Do you still plan to pursue this issue any further? If so, how?

Komen Moris, Eldoret

Yes. I still want to follow up on the threshold that was set by Parliament. There are constitutional channels through which we can work on this.

8.Sometime back, County Governments were proposing that they be allowed to set up county printing presses. What the common person however does not understand is why counties do not want to use the Government Printer in Nairobi. What challenges are you having with the Government Printer? How do you often print your laws and other materials?

Issa Hassan, Wajir

The law has mandated counties to set up county printers. Challenges that we had with the Government Printer have been resolved. There is a county desk at the Government Printer and therefore county laws are taken to the printers directly without going to any other institution. Counties as governments are mandated to make their own laws.

 9.Turkana County being the undisputed cradle of mankind is one of the most endowed in Kenya in terms of natural resources. Oil is available and you have underground water enough to serve Kenya for over 70 years. What are you doing towards peaceful and beneficial exploitation of these resources for the benefit of Turkana and Kenya at large?

Mariko Kuhutha, Murang’a

Since the discovery, the community and leadership of Turkana has engaged in consultations in the management of these resources. We are putting in place conflict resolution mechanisms that we have in the extractives industries.

10. The National and County Governments have been engaged in acrimonious turf wars for the last four years often leading to poor service delivery. What are you doing differently as chairman of the Council of Governors towards creating a mutually respectful and beneficial relationship with the National Government for the benefit of all Kenyans?

Mariko Kuhutha, Murang’a

It is not only in Kenya that these challenges have been experienced. Countries such as South Africa and the United States have gone through these challenges. However, I am on record on having said that I will embrace Article Six of the Constitution which emphasises on the need to work through consultation and co-ordination and avoid confrontation.

 11. Sir, what is CoG’s position on new governors replacing existing county staff?

Oduol Mullah Ker, Homabay County

Already answered at number 6

 12. You and your Mombasa colleague have been greatly praised by your party leadership for being bold enough because of the verbal altercations you have had with the President when he tours your counties. Are these altercations necessary and what lessons are you teaching the children who watch you do that in public?

Erick Ole Agade, Malaba

See number 7 for answers.

 13. Can the Council of Governors have consensus as to when governors and their deputies should be in their offices and when they should be in their wards for the benefit of service to the public?

Nduta Sialo, Nairobi

Each County Government is independent and this is not a council function. Every county regulates its own visits.

 14. What is the correct process of ‘bench marking’ by MCAs and can it be staggered over an initial three year period with the first year being local, second year regional and third year global? Is it necessary that all the MCAs within a county have to go for these benchmarking tours?

Nduta Sialo, Nairobi

Bench marking has been proven to be a tool for knowledge sharing. We cannot sequence it in seasons.  The Council emphasises that it is important to be prudent with public resources.

 15. Is it feasible for the CoG to consider having an Ombudsperson within the Council who will act as the publics’ representative in all matters respective to county governments?

Chris Kamau, Dagoretti South

This is our mandate. We have an ombudsperson at the council and we act on complaints

16. Can the COG consult with the citizens to ensure that the budget implementation reports are in concert with the County Integrated Development Plan (CIDP) Section 108 of the County Government Act?

Chris Kamau, Dagoretti South

That is what the Council of Governors does and has open sessions on Twitter and Facebook on Friday without fail. Our offices are open for the public.

We have also held County Dialogues, Annual Devolution Conferences and Devolution Touch where we went around the counties highlighting the success of County Governments. In addition, we have E- Newsletter which we send out every month, besides working closely with Civil Society Organisations. All County Integrated Development Plans (CIDPs) are in the CoG website.

Budget Implementation Reports are also at the CoG website and the respective county websites.