#PesaMashinani COUNCIL OF GOVERNORS PRESS STATEMENT FOR #PESAMASHINANI REFERENDUM CALL Introduction: Council of Governors convened a meeting today pursuant to Section 21 and Clause 2 of the Schedule of the Intergovernmental Relations Act and deliberated on critical national issues and noted with satisfaction the progress made so far in implementing devolution. The Council notes that there is a great improvement on health, roads, access to water and enhanced food security. The County Governments have contributed to the improvement of quality of life for Kenyan. Both national and county leaders have noted the improved conditions. Notwithstanding the progress the Council of Governors has noted and is concerned about the current challenges facing devolution and the system of County Governments. There is now a clear indication that devolution is under threat. Amongst the myriad of issues the Council would like to highlight the following: A. That the conditional grant for level 5 hospitals has been reduced from 3.7 billion to 1.8 billion for this financial year. The Council demands that money be availed to fund operations of level 5 hospitals as the resources allocated are inadequate and will last for only be enough for 6 months. Article 43 of the Constitution provides for access to universal health care and guarantees provision of medical care to all Kenyans this cannot be taken away. It is therefore shocking that the National Assembly that represents the people of Kenya has taken away that right. The Council recommends that the Senate provides adequate resources to the County Governments to enable them provide adequate health services in these facilities. B. That there is a clear Pre-occupation by National Government with County Government functions which are already devolved leaving national functions such as Security unattended. This not only compromises on service delivery but forces County Governments to take up the National Functions with the meagre resources allocated for devolved functions, for example Security. C. That the National Government has retained 180 billion that is meant for County Government Functions as per the Fourth Schedule. The National Government has to surrender these monies – Resources follow Functions. D. That the National Government assertion that it has allocated 43% of the National Revenue to County Governments is in correct. Their analysis is based on audited and approved accounts of the year 2009/2010. This is revenue of five years ago and this information is therefore is being used as propaganda against Counties E. The National Parliament has continued to pass Legislation that undermines devolution which include but is not limited to the following: • Mining Bill, • Water Bill, • Energy Bill, • Forestry Bill, • Roads Bill, • Forestry Bill, • Order Precedence Bill • The Fertilizer and Animal Food Staffs Bill • The Potato Produce and Marketing Bill • Kenya National Aids Authority Bill • County Industrial Development Bill The Council has consulted National Government Ministries on most of these bills and shared memorandum on the issues to be included in the bills with the National Assembly and the Senate. However the Council notes that all the issues raised have never been included. In view of the above the Council of Governors is seeking to remedy the above situation by seeking the support of the Kenyan public to set the record straight and protect devolution. The Council has initiated the call to the referendum christened “PESA MASHINANI” the issues that the Council seeks to address relate to: 1. Division of revenue to ensure adequate resources to the Counties at least 45% (this resources are available in the budget). Of these we would like 5% dedicated to projects in the wards 2. Strengthen the Role of senate by making it an upper house ; creating a nexus between senate and county governments and assemblies so that they can effectively represent the Counties and County Governments; 3. Counties should have their own legal gazettement framework independent of the National Government; 4. Strengthening the role of the Counties in the management of security at local level; 5. Clarity on management of National Resources, Forestry and Land. 6. There is need to develop uniform standards of recall or/and removal from office of all elected leaders; state and public officers that respect due process and the centrality of the people in that process. 7. To enhance the role of Kenya Law Reform Commission as a clearing house of all laws to parliament and to take over the remaining role of Commission on Implementation of the Constitution (CIC) upon expiry of its term; 8. There is a need to form the Loans and Grants Council as a Constitutional body that will manage the national debt and regulate the borrowing for both levels of government and it should be an intergovernmental agency; 9. Anchoring the roles and responsibilities of MCAs as the representatives of the people in the Constitution in a more affirmative way and that they too should enjoy similar status and privileges as that of the Members of Parliament in a proportional manner. Signed Council of Governors
Posted on: Fri, 01 Aug 2014 17:18:18 +0000
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