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The Council - Monthly Council of Governors Secretariat Publication ISSUE NO July-August 2016

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The Council - Monthly Council of Governors Secretariat Publication ISSUE NO July-August 2016 The Council - Monthly Council of Governors Secretariat Publication ISSUE NO July-August 2016 CONSULTATIVE MEETING BETWEEN COUNCIL OF IN THIS ISSUE GOVERNORS, JOINT PARLIAMENTARY SELECT COMMITTEE AND THE INDEPENDENT ELECTORAL AND Governors meeting on BOUNDARIES COMMISSION IEBC By Jacqueline Makena Page 1 The Council of Governors- as represented by H.E. Pe- ter Munya, H.E. John Mruttu, H.E. Prof. Kivutha Kibwana Consultative meeting and H.E. Kinuthia Mbugua on 22nd July, 2016, appeared with County before the JPSC and made submissions on matters of elec- Administrators toral reforms . The Council made a presentation on the following thematic areas: Page 3 1. Allegations against commissioners and secretariat of IEBC; Committee Updates 2. Legal mechanisms for vacation from office of IEBC com- page 4 missioners and secretariat; 3. Legal, policy and institutional reforms to strengthen TICAD Conference IEBC; and Page 8 4. Legal, policy and institutional reforms to improve the electoral systems and processes. TICAD Pictorial Page 11 Congratulatory Message Page 12 Pictorial Page 13 4th Annual Devolution Conference Page 15 Hansard Report Summary Page 16 On the Allegations against commissioners and secretariat Upcoming Events of IEBC, the Governors were clear that since the IEBC com- Page 23 missioners had lost credibility in the eyes of the public, and since the success of any election is hinged upon its legitimacy, then there was need for an overhaul in the composition of the IEBC. They recommended that the commissioners should be allowed to resign and the dues owed to them paid. Page 1 On Legal, policy and institutional reforms to improve the electoral systems and processes, the Council made the following recommendations: 1. That the National Government should ease the process of issuance of identity cards, and IEBC should allow the persons with waiting cards to vote. 2. That in the long term, the National Government’s policy should be such that only one state department, i.e. the National Registration Bureau, should be responsible for all aspects of registration of persons (Births & Deaths register; ID registration; voter registration; and driving license). In addition to saving public funds, such a streamlined system would allow other state organs to concentrate on their core mandates. 3. That the IEBC, in collaboration with County Governments, should develop an inte- grated voter education curriculum and undertake rigorous civic engagement on elections. 4. That the IEBC should develop the Campaign Financing Regulations. 5. That polling stations should have not more than 500 voters per station. 6. That the IEBC should adopt open balloting while selecting election officials (the returning office presiding officers) and this should be done in the presence of par- ty representatives. 7. That the Constituency should be the focal point for electoral results declaration. 8. That necessary legislation should be tabled and enacted to actualize the two-third gender principle. In conclusion, the Council reiterated that it was urgent for legal, policy and institu- tional reforms to be Introduced to guarantee a peaceful, free and fair elections. The Council noted that there was need to move with haste to ensure that the county is well prepared or the 2017 elections. CONSULTATIVE REVIEW MEETING WITH COUNTY ADMINISTRATORS ON THE COUNTY GOVERNMENT (AMENDMENT) BILL 2015 By Nkatha Koronya The Council of Governors on July 13th 2016 held a consultative meeting with sub- county, ward and village administrators, to discuss the County Government (Amendment) Bill 2015,a Bill sponsored by the Senate which seeks to amend Sec- tions 50, 51 and 52 of the County Governments Act, 2012. The meeting sought to inform the country of the philosophical and conceptual foundation of administra- tion at the county level and to consolidate national consensus around a memo- randum against the County Governments (Amendment) Bill (2015) that the Council of Governors will prepare to be submitted to Senate. H.E Kivutha Kibwana addressing the County administrators Page 2 H.E Prof Kivutha Kibwana, the Chairman, Legal Affairs Committee of the Council of Governors (CoG) and Governor of Makueni County acknowledged the positive power of county administrators noting that they are the oil of devolution. He stated that the proposed law is discriminatory because County governments are independent governments and therefore should not be told by anybody how to employ people. He noted with great concern that the Bill is aimed to destabilize and weaken devolution with regard to contracts versus permanent jobs. Around 3,000,000 Kenyans are threatened by the Bill in question, however a memoran- dum prepared by the administrators was presented to the senate stating that the bill was contravening international labor standards; discriminatory; and instead of building institutions, it is aimed at changing administrators after every 5 years, which is a very disruptive and expensive process. H.E. Isaac Ruto Governor Bomet County stated that in the fifty years since independence the people in the village had not seen any de- velopment and had been living in poverty until Devolution was implemented. He re- minded his fellow Governors that they have the opportunity to change the lives of Kenyans at the grassroots and acknowledged that the County Administrators are the people to deliver that promise and yet, this Bill renders their jobs useless. H.E. Peter Munya, Chairman, Council of Governor noted that it is clear that there is dis- crimination amongst civil servants in the two levels of government. County administra- tors are equal to and need equal treatment to their counterparts in the National gov- ernment. Page 3 Strides have been made in devolution in the last 3 years, some of which include im- proved health services, increased agricultural productivity, county roads opened and public participation. He appealed to the Senate to reject this Bill in total and remove it from the legislative calendar. Because evidence shows that the Bill is unconstitutional, “we will not imple- ment it if passed, until it is challenged in court. He further appealed to his fellow Gover- nors “If there is anyone who is not a permanent employee, I am urging my fellow gov- ernors to make sure that all administrators’ status are updated and changed to perma- nent and pensionable.” PROGRESS UPDATE The Bill in its current state ties the employment of sub-county administrators, ward admin- istrators and village administrators to the tenure of the County Government thereby polit- icizing the said positions. It is tantamount to proclaiming that County civil servants are not equal to civil servants from the National Government. Sub-county administrators, ward administrators and village administrators are equivalent to deputy county commissioners, assistant county commissioners, chiefs and assistant chiefs yet the latter have permanent tenure. On 18th August, 2016 during a special sitting of the Senate, the Senators voted against the Bill in its entirety. This therefore means that the Bill did not go beyond the sec- ond reading stage. In light of that, the Council of Governors wishes to inform County Governments that the Bill was lost at the second reading stage at the Senate and that the status of employment of the Sub-County Administrators, Ward Administrators and Village Administrators remains as it was before the introduction of the Bill. COMMITTEE UPDATES ENERGY COMMITTEE KENYA COUNTY RENEWABLE ENERGY PLANNING TRAINING The Council of Governors Secretariat in partnership with United Nations Industrial De- velopment Organization (UNIDO) and Global Environment Facility (GEF) conducted a training for County Executive Ministers Energy, which took place from 8th to 12th Au- gust at The African Institute for Capacity Development (AICAD). H.E. Jackson Mandago, Chairman of Energy Committee at Council of Governors on 9th August 2016 officiated the opening ceremony of the workshop. The main focus of the training was to discuss and plan for a shift to sustainable energy solutions through identifiable renewable energy projects that harness renewable Page 4 energy solutions through identifiable renewable energy projects that harness renewa- ble energy sources and suitable conversion technology that will also embrace the use of the energy by local households, businesses and the Counties. The training is part of the project dubbed “Sustainable conversion of waste to clean en- ergy for greenhouse gas (GHG) emission reduction in Kenya”. It proposes an innova- tive solution to two major problems which are, lack of sustainable energy and poor waste management. The project that is funded by Global Environment Facility (GEF) and UNIDO seeks to implement it through the training. The County Executives Ministers Energy will be involved in intensive discussions that will pave way for formation of actual renewable energy plans in the 47 counties FINANCE COMMITTEE CONSULTATIVE MEETING BETWEEN COUNCIL OF GOVERNORS AND THE NATIONAL TREASURY Chairman, Finance Committee Council of Governors H.E. Wycliffe Oparanya, Governor Kakamega County and H.E. Isaac Ruto Governor Bomet County on 2nd August 2016 met with Cabinet Secretary Treasury Mr Henry Rotich to discuss among other issues; the adoption of the conditional grants guidelines and the gazettement of the County specific bank overdraft guidelines. While the Bank overdraft is a facility for cash maintenance for both the National and County Governments, the Counties have been unable to access the
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