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Devolution law ‘was changed by consensus’

By Staff 09/02/2012 19:30:00

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Photo/FILE CIC chairman Charles Nyachae.

Changes were made to the draft law on devolution after agreement by all the players in the review process.

The team spearheading the rollout of Kenya’s 18-month-old Constitution has said that there were adequate consultations to ensure that the final Bill did not in any way subvert the dreams enshrined in Chapter Eleven of the Constitution on Devolution.

Commission for the Implementation of the Constitution chairman Charles Nyachae noted that members of the Taskforce on Devolved Governments were part of the team that revised the draft Bill on county governments.

That team also had officials from the Attorney-General’s Office, the Kenya Law Reform Commission, and the line ministries.

Responding to inquiries by the Nation, the CIC chairman said the changes regarding the role of the governor were removed, because the team saw it as superfluous, given that all laws are subject to the Constitution.

Clause 35 (1) (i) of the original draft, stated: “Subject to the Constitution, the governor shall perform such state functions within the county as the President may determine”. The Bill as currently published in Clause 31 (2) (b) provides: “The Governor shall perform such state functions within the county as the President may determine.”

“The difference in the two Clauses is the omission of the phrase ‘Subject to the Constitution’. It was omitted for the simple reason that all legislation are ultimately subject to the constitution,” said Mr Nyachae.

The CIC chairman also said that the role of village elders had been dropped from the original draft to keep politicians away from citizens’ space.

“This was removed as it was deemed the forums ran the risk of being politicised,” said Mr Nyachae.

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