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The Council-Sec Monthly  KYISA Games Kwale County- VOLUME 1, ISSUE 1 NOVEMBER 2015 29Th November to 6Th December Word from the Ag

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The Council-Sec Monthly  KYISA Games Kwale County- VOLUME 1, ISSUE 1 NOVEMBER 2015 29Th November to 6Th December Word from the Ag U P C O M I N G E V E N T S The Council-Sec Monthly KYISA games Kwale County- VOLUME 1, ISSUE 1 NOVEMBER 2015 29th November to 6th December Word From The Ag. CEO 2015 NOREB invest- Dear Colleagues, ment conference Welcome to the first issue of The Council at Eldoret Sports E-newsletter. Club in Uasin The promulgation of the Constitution of Gishu County Kenya 2010 marked a major milestone in (19th-20th Nov) the way the country is governed. It created KEPSA –CEC Mrs Jacqueline Mogeni training Kwale a three year transition period within which County 26th-28th it was expected that the functions that were assigned to November 2015 County Governments by the constitution should already have transferred in totality. It stipulated the dispersal of po- litical power and economic resources from the Centre through devolution. INSIDE THIS ISSUE: Impeachment of 2 Muranga Gover- nor Delayed transfer 3 of Functions The Third Annual Devolution Conference Borrowing level 5 of the National theme is “The Promise Of Devolu- The Council of Governors in County and National Govern- Government tion: Consolidating The Gains After ments, representatives from collaboration with other stake- Transition And Looking Into The holders has organized annual academic, policy, public, pri- Decentralization 7 Future” is scheduled to be vate, media and civil society devolution conferences every held in Meru County in April year since the country adopted a sectors with the opportunity Intercounty Col- 8 2016. The Annual devolution to celebrate milestones, reflect laborations Re- devolved system of government. conferences are now seen as on challenges, constructively gional coopera- The First Annual Devolution one of the most important critique, network, discuss tions and eco- Conference was held in Kwale events in the devolution calendar nomic blocs emerging opportunities and County in April 2014, the Sec- in Kenya. They provide key ond Annual Devolution Confer- showcase cutting edge innova- stakeholders especially repre- tions from the entire country ence was held in Kisumu in April sentatives from governments and the region. 2015 and the Third Annual De- who include volution Conference whose technocrats from across the VOLUME 1, ISSUE 1 P A G E 2 Murang’a County Governor Impeachment Rejected By Elizabeth the Council, H.E Peter Munya said that the County Assembly acted in Wambui total breach of the Constitution and the County Governments Act stat- ing the impeachment as null and the final report. void. Several County Assemblies, in- cluding West Pokot, Makueni, Murang’a County Governor The Chairman believes that the alle- Embu and Kericho have in the H.E Mwangi wa Iria was im- past attempted to impeach their st gations against H.E. Mwangi wa Iria peached on 21 October is a result of the usual challenges Governors but their moves have after members of the Coun- that Governors are experiencing in been unsuccessful. ty Assembly voted for his their Counties, particularly delayed removal. 34 MCAs were in disbursement of funds, moreover, On Friday 6th November 2015 support of the motion while he stated that these are not the Senate wrote an unforgetta- 15 MCAs opposed the mo- grounds for impeachment of an ble chapter in the narrative of tion. The MCAs accused the elected Governor at all. devolution. The Senate rejected county boss of misusing cash H.E Peter Munya continued to say the reasons advanced by the and failing to manage the that the citing of the Auditor- Murang'a County Assembly for county’s debt. General’s report can only be con- his removal from office. cluded to be in bad faith since all This move sparked a lot of Counties responded to respective H.E Governor Mwangi wa Iria concern from Governors. audit queries and still hold that the continues serving the people of Speaking at a press briefing office of the Auditor General is ac- Murang’a County. in Naivasha after a Council countable for failure to include all meeting, the Chairman of responses before dissemination of The Stronghold of Kenya’s Social- Economic Development and the new frontier For Investment By Anne Mukii create employment, generate income, reduce poverty and frontier for investments like enhance sustainable economic extractive industry, agriculture, development. real estate, tourism, ICT, edu- Tharaka Nithi enjoys a stable cation and Finance among oth- political environment that ers. The county boasts of all- Tharaka Nithi County is guarantees security which in weather roads all over the planning to host its inaugural turn attracts investment both county. This means efficient international investor con- internal and external. Tharaka th th delivery of farm produce and ference on 26 -30 Novem- Nithi has put her people at reduced travel time to other ber 2015. Through the Inter- the center of development. counties. The licensing policies national Investment and There is a commitment that are also investor friendly. The Consumer fair, the county is development processes need culture connects the commu- seeking investment value, to benefit the people. The nity and development. county economy is a new VOLUME 1, ISSUE 1 VOLUME 1, ISSUE 1 Delayed Transfer Of Functions To The County Govern- ments By Rosemary Njaramba Section 15 of the Sixth entertainment and public effectively implemented. Un- Schedule to the Constitution amenities including-libraries. less the Transition Authority provides that ‘Parliament shall, gazettes for the transfer of a by legislation, make provision for function, a County Govern- the phased transfer, over a period ment cannot proceed to per- of not more than three years from form that function. Subse- the date of the first election of quently, any form of service county assemblies, from the Na- delivery and revenue collec- tional Government to County tion attendant to the pending governments of the functions These functions have not yet functions becomes impeded. assigned to them..’. The been transferred and they are Second, we must remember Transition Authority, in contained in a draft Gazette that our governance system is exercising its mandate under Notice that is yet to be founded upon the ‘funds follow the Transition to Devolved published by the Attorney- functions’ principle. As the Government Act, 2012 and in General’s Office. The Council ground is laid for the transfer seeking to comply with this notes that the timeline that had of the pending functions, so constitutional provision, has been allocated for the com- must the resources be availed since transferred to County plete transfer of all functions for the performance of those Governments functions assigned to County Govern- functions. On the same enshrined in the Fourth ments lapses in March 2016. breadth, it is worth highlight- Schedule of the Constitution The limited transfer of func- ing that there still exists State vide two legal notices- Legal tions to County Governments Corporations and Regional Notice No. 16 of February will inevitably culminate into a Development Authorities 2013 and Legal Notice No. 137 constitutional crisis if not rem- (RDAs) that continue to per- th -183 of 9 August, 2013. edied within the mentioned form County Government However, there are still a timeframe. At the moment, the functions. In every financial number of functions that are inordinate delays occasioned year, these state institu- yet to be vested in the by the various National Gov- tions and agencies contin- authority of County ernment institutions in the ue to benefit from colos- Governments. These are: transfer of the remaining sal budgetary allocations County roads; County planning County functions have com- which ideally should form and development, including— promised implementation of part of the County share of Electricity and gas reticulation the same. First, functions must revenue. and energy regulation; and be properly transferred Cultural activities, public through the recognized legal framework if they are to be THE COUNCIL - S E C M O N T HLY VOLUME 1, ISSUE 1 P A G E 4 to be utilized for projects related Agencies which perform func- To illustrate: in the 2015/16 to devolved functions. The uncon- tions that have been devolved. budget, ongoing road construc- stitutionality of the status quo These consultations are long tion and maintenance has been cannot be downplayed. It was an- overdue. allocated KES 85.2 billion. ticipated that by the lapse of the These monies will fund state transfer period, state corpora- In conclusion, County Govern- actors like the Kenya Urban tions and regional development ments have to take over all their Roads Authority (KURA) and authorities would have been re- functions as soon as possible. the Kenya Rural Roads Author- structured to conform to the de- Urgent transfer of pending func- ity (KeRRA) who continue to volved system, or phased out tions must be facilitated to allow award contracts for County where their mandate would be for service delivery to the resi- Roads- a County Government proved redundant. Despite this, dents of Counties. Further, all function. The same budget has and as mentioned earlier, state relevant stakeholders- the Minis- allocated a sum of KES 79.7 corporations and regional devel- try of Devolution and Planning, billion for agriculture, specifi- opment authorities have contin- the Commission for Revenue cally irrigation projects, fisher- ued to engage in long-term finan- Allocation, the Transition Au- ies and livestock, yet under the cial commitments, in complete thority and ourselves, must de- Fourth Schedule of the Consti- disregard of the underlying uncon- velop a roadmap for the phasing tution Agriculture is a fully de- stitutionality. Further, the duplica- out of state corporations and volved function and the Na- tion of roles and eventual wastage regional development authorities tional Government’s mandate of public funds cannot be ig- that continue to undertake extends only to agricultural nored.
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