County Assemblies risk being dissolved for failure to discharge their duties.
Mombasa county assembly
This is the position of the Commission for the Implementation of the Constitution (CIC), which in a statement published in local dailies, says the current adjournments or suspension of sittings by county assemblies expose them to the risk of ‘functions not being performed’.
Members of County Assemblies (MCAs) have been locked in a dispute with the Salaries and Remuneration Commission (SRC) over salary review. MCAs are pushing for an improvement of their terms from the current Sh79,000 to Sh275,000. The SRC maintains that the MCAs salary will not be reviewed unless they undergo a job re-evaluation. But MCAs have rejected the directive, arguing their jobs are clearly defined by law.
Paralysis of county
According to the commission, adjournment or suspension of County Assemblies – whose functions include law making, approving budgets, and vetting nominees appointed to county public offices-could lead to a paralysis of the county executive and county government.
CIC Chairperson Charles Nyachae argues that while the MCAs have a legitimate and constitutional right to request a review of their terms, such a right must respect the right of SRC as a constitutional commission to determine the manner, process, and basis on which they will review the terms. While calling on MCAs to pursue the issue of salary review through a process that accords with the Constitution, he likens their actions to an affront to Article 249(2)b which shields commissions and holders of independent offices from being subject to direction or control by any person or authority.
The commission also highlights the legal implications of the indefinite adjournments or suspension of sittings by County Assemblies that include arguments that this violates Article 73 and 75 of the Constitution. The articles are contained in Chapter Six of the Constitution that addresses leadership and integrity issues. “The suspension of work is inconsistent with the purposes and objects of the constitution and compromise public or official interest in favour of personal interests,” says Nyachae.
Complicated matters
The CIC chair further argues that in the absence of County Assemblies exercising legislative authority, as provided by Article 185, it can be argued that the county government has failed or neglected to perform its functions.
Matters could get further complicated for the county governments should Article 192 and Sections 123 and 124 of the County Governments Act be invoked. But Tana River County Assembly Speaker Abdi Nuh dismisses Nyachae’s arguments and says the CIC is ‘out of order’ on its stand on the matter.
Administrative Justice chair Otiende Amollo says the commission regrets the fact that there has been no solution to the impasse between MCAs and the SRC.
“It is true that we have the mandate to mediate on matters affecting public administration but we have not been approached by any of the parties on this matter,” he says.
By LILLIAN ALUANGA-DELVAUX, The Standard
Striking county assemblies deserve being sent home, Nyachae says
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