Good People !!! As long as the County Provincial Commissioners is not constitutional, then their plan for imposition by the Court or Politicians does not make their stay legal. Kwani, ni lazima hawa Commissioners kukua ndani ya Counties...for WHOSE benefit. Kwani wao ndio wana makende na wanaume wengine hawana......??? Ujuzi gani wanao zaidi ambayo the Elected Governors hawana.....??? It is the People who must decide how they wish to be GOVERNED.......It is the People who HIRE and FIRE.......it is the People, whose Government Must be made to function to deliver Public Service according to How Public demands......and it is the local Gava in the County that must CHANNEL and Deliberate how their County must be Governed. It has nothing to do with Provincial Commissioners or the District Commissioners..The PC are meaningless Window Curtains.........It Is The People Who DECIDES.........Hata kama wanapenda ama hawapendi......... This PC thing is a move to provoke people and people will not allow stupidity of this kind. Kama mbaya, ni mbaya.......and it is a MUST that People commit to fix this problem conclusively. The Government of the Day MUST COMPLY and work according to Public Mandate. It is the people who must streamline the Judiciary and discipline the Executive in ways and means where People must Dismiss irresponsible useless Politicians by recalling them through the Referendum. Whether there are funds or not, the WILL of the People suffices. People cannot afford to be stolen from. Judy Miriga Diaspora Spokesperson Executive Director Confederation Council Foundation for Africa Inc., USA http://socioeconomicforum50.blogspot.com Yes, there seems to be a conspiracy to emasculate the Senate and then kill it By GIBSON KAMAU KURIA Posted Thursday, June 13 2013 at 19:07 In Summary
When Senator Kipchumba Murkomen alleged a conspiracy to cripple the Senate and wind it up, it was an understatement. It seems, indeed, that there is a plan to return Kenya to the constitutional order which obtained between 1960s and 1991. In an article titled The Role of Senate in the Kenyan Political System, J.H. Proctor Jr observed that "a little more than a month after the meeting of the Senate on June 7, 1963, an opposition MP voiced the suspicion that some ministers had a negative attitude towards that House and there was a rumour circulating that the Senate might be washed out". He further says that in 1964, the Leader of Government Business acknowledged there had been wide speculation as to whether the Senate should be scrapped. One hopes that what Mr Murkomen said will not prove prophetic. If it does, Kenya may be restarting a cycle of constitutional amendments which commenced in 1964 and ended in 1988. By that time, among other organs, the Police Service Commission and the Senate had been abolished. The country was a one-party State in which the Attorney-General, the Judiciary and Auditor and Controller-General had lost their independence. MPs have made it clear that they consider their House to be superior to the Senate. That notion is now embodied in the Bill on the Division of Revenue which was assented to by the President on June 10. One hastens to add that the President did not assent to it because he supported it in principle, but rather because he feared there would be a government shut-down if no money was approved by Parliament before June 30. Legislator Mithika Linturi's motion to nullify the Legal Notice which communicated the new salaries of MPs was based on an outdated notion of the supremacy of Parliament. The disregard for the views of the Senate on the Division of Revenue Bill is based on the same notion. Before August 4, 2010, the constitution had established a single chamber of Parliament and a unitary government, the devolved government having been abolished in 1965 through a constitutional amendment. In 1966, the Senate was abolished through a constitutional amendment. Mr Murkomen was hinting at a similar possibility. Recently, Kiharu MP Irungu Kang'atta, informed the country that he would be bringing a constitutional amendment Bill through which he will start a process of abolishing the Senate. But even if he tables such a Bill and it is passed, by virtue of Article 265 of the Constitution, it will require a referendum to become law. The 1966 abolition of the Senate was part of a bigger project to dismantle the constitutional order established by the 1963 Constitution. That project was discussed by former Attorney-General Charles Njonjo in an article titled, 'Recent Constitutional Changes in Kenya' published in the 1965 issue of the East Africa Law Journal. As long ago as 1970, in Ukunda v R, (1970) EA 453, a constitutional court held that in Kenya, we have the supremacy of the Constitution and not that of Parliament or one organ of government. As the two-chamber Parliament of 1964 found cumbersome the exercise of the power to amend the Constitution which required it to get the support of 75 per cent of all MPs and 90 per cent support of all senators, it persuaded the two Houses to accept an amendment whereby any amendment to the Constitution would require the support of only 65 per cent of all members of either House. Once this amendment was passed, the die was cast. Constitutional amendments were passed, thereafter: a) to merge, in 1964, the offices of the Prime Minister with that of an all-powerful presidency; b) to abolish, in 1965, the devolved government then known as regionalism; c) to abolish the Senate in 1966; d) to abolish multpartyism in 1982; e) to abolish, in 1987, the independence of the Attorney-General; f) to abolish, in 1988, the independence of the Judiciary and the Auditor and Controller-General. It is the undemocratic philosophy embodied in the notion of the Supremacy of Parliament being used now which caused the very suffering which led to calls to rewrite the Constitution. For how long will Kenyans continue rewriting their constitutions? Dr Kuria is a Senior Counsel. Nyanza PC praises court ruling on county commissioners Outgoing Nyanza PC Francis Mutie (right) at a past function in Kisumu County. Photo/JACOB OWITI NATION MEDIA GROUP By MOSES ODHIAMBO Posted Sunday, June 16 2013 at 11:31 The outgoing Nyanza Provincial Commissioner Francis Mutie has praised the Court of Appeal ruling which upheld the appointment of county commissioners. Mr Mutie said it was wrong to politicise the appointment of county commissioners stating that they had an important role to play. "The county commissioners have a responsibility of overseeing the management of the duties of the national government in the counties. This includes ensuring accountability of county governments on public funds allocated to them" said Mr Mutie. He added that the 85 per cent budget allocation for operations of the national government has to be supervised and this role would be played effectively by the county commissioners and their deputies. "We have agreed in our meeting that we shall observe principles of transparency to ensure effective management of both national and county government funds" said Mr Mutie after meeting county commissioners and their deputies in Kisumu over the weekend. Mr Mutie further warned that the politicisation of the roles of the two levels of governance would derail delivery of services to the public. "While time is being wasted on who is to take up which role, the public are hurting through delayed services caused by the deviation from development priorities" he said. Kisumu County Commissioner Lorna Odero told Nation that her office does not have any problem with the governor's office urging that the two need to operate under mutual respect as defined by the Constitution. "We urge governors who feel that county commissioners are interfering with their roles to understand that there are government functions that have not been devolved and thus require mutual understanding while dealing with these functions" said Ms Odero. She added that the county commissioner's offices were committed to a positive working relationship with political leaders at all levels. "We are ready to complement the work of governors among other political leaders. That is the spirit that is enshrined in the Constitution" stated Ms Odero. Mr Mutie urged governors from the Nyanza region to consult widely before making decisions that would portray poor relationships with the national government. "Our meeting deliberated on matters of cross border security which can only be successful when the two levels of government cooperate. The use of public facilities belonging to the central government also require consultation to avoid any form of conflict with the custodians" he said.
Bwana mutie devolution means must go. The courts have become a government instrument to frustrating what majority of kenyans want. Please prepare to leave office with dignity before you a force fully ejected. Leaders in nyanza will noy allow the central govt to continue frustrating much needed development denied since independence. Please go home bwana PC
Moneys given to counties is not counties money it is tax payers money. When the national govt gives alloctates money to counties this money is coming from tax payers nationally. So yes i want my taxes to be used prudently and not wasted on usless projects or other stuff that does not help the county. If the county govenor wants to build a palatial house for himself and buy luxury cars using my taxes i want to know
Mimi Mpenzi bizmogul•2 days ago
The governors are the constitutionally elected leaders of the counties to replace the PCs, any other officer should and is rightly placed under them by the supreme new constitution, anything other than this is a cry of a recalled PC Mutie. Governors are supreme in County administration not the PCs and DCs who are political appointees and who will only be accountable to the appointing office based in Nairobi while overlooking the views and priorities of the rank and file in the grassroots.Decentralization initiatives is being frustrated from all departments.Funds to counties have been reduced on flimsy reasons,DCs who still hold illegal offices are kept in office for no apparent good reason,IG of police is frustrating police reforms.Ati new constitution..bure kabisa.throw it in the trash can and let's move on. Did you say 'illegally in office'? Wrong my friend. Legally in office by the new constitution, a law that was passed late last year and a court ruling this last week!
This is an extension of moi era. we are tired with rogue provincial administration.
waende nyumbani hakuna kazi yao
 County commissioners have no role to play at all apart from creating more conflict of interest in county management. Its all about providing jobs and keeping the wage bill big.
Who told you the County Governors are Angeles? Majority, particularly former Mpigs sought this position to steal the fat County funds in the manner they syphoned the CDF kitty.see more
.......what's wrong with being supervised??.....see more
who supervises the president? Governors owe no authority nothing, they are only accountable to county residents that voted for them and whose interests they must guard, this thing of central government fooling people that it is the whole and the one with people's interests at heart is a 50 year old lie.
Nothing wrong, oldframe. And this time round, let the governors supervise the county commissioners,yeah? Deal sealed? Thank you very much.
Oldframe and Don Q...Is such role enshrined in the constitution or anyother law? Provincial administration supervising the use of public funds..What about the controller of budget? Read the part of the constitution which deals with Public Finance...No mention is made of county commissioners supervising use of public funds. this caliber of officers is a waste of public funds whose expenditure they are portraying to monitor. The auditor General is the only one mandated to report overall on use of these funds and give a certificate. What about the Muties?????
Is this part of the roles of the county commissioners? If this is true, then, PC Mutie has let the "cat out of the basket"! ..."The county commissioners have a responsibility of overseeing the management of the duties of the national government in the counties. This includes ensuring accountability of county governments on public funds allocated to them".
mugacha Chebusit_Marindany•2 days ago Surely what is wrong with this ? Don't we want our funds protected against misuse by the county politicians ?
County leaders seek referendum PHOTO | PONCIANO ODONGO Kwanza MP Ferdinand Wanyonyi (left), Bungoma Senator Moses Wetang'ula (centre) and Patrick Makau (MP Mavoko) address journalists at St Joseph's Catholic Church in Mlolongo on June 16, 2013. NATION MEDIA GROUP By NATION TEAM Posted Sunday, June 16 2013 at 23:30 In Summary
Governors countrywide are each collecting 50,000 signatures to push for a referendum that would give the Senate more powers, Minority Leader Moses Wetang'ula has said. But African Inland Church Bishop Silas Yego called for dialogue to end to the supremacy war between the Senate and National Assembly, saying the country is not ready for a referendum. "Its not time for the two Houses to compete. It is time to build the nation. The President had no choice other than to assent to the Division of Revenue Bill otherwise the counties could not have been given even the little money that they got. Let's move forward and increase the money next year," Bishop Yego said on phone. But at St Joseph's Catholic Church, Mr Wetang'ula and his Nyamira counterparts Ken Mong'are clashed with MPs Ferdinand Wanyonyi and Patrick Makau over which House was superior. While Mr Wetang'ula and Mr Mongare insisted the Senate was the "Upper House" Mr Wanyonyi and Mr Makau said the National Assembly was superior. Mr Wetang'ula said senators had agreed with governors to collect more than a million signatures to push for a referendum to give the Senate more powers to protect devolution. He accused MPs and the Executive of undermining devolution by under-funding counties. "The fight between the Upper House and the Lower House is merely diversionary and should not be confused with the truth in the constitution, which is very clear on what the devolved system means and how it needs to be funded," he said. He said President Kenyatta did not follow the law in assenting to the Division of Revenue Bill and added that Senate and governors will push for increased funds to ensure development was achieved in all counties. But Mr Makau said funds allocated to county governments was not meant to kill devolution or demean county governments but that there was still room to supplement the fund. The Mavoko MP said: "If we allow the Senate to push for referendum we are likely to mutilate the Constitution," he said. At Marafa Stadium in Magarini constituency, Budalang'i MP Ababu Namwamba asked Kenyans to concentrate on realising development goals of devolved governments instead of fighting over which House was superior. South Mugirango MP Manson Nyamweya said the conflict between the Senate and the National Assembly should come to an end. Speaking in the constituency, during the inauguration of the CDF team, Mr Nyamweya said the supremacy wars drag counties' development agenda behind. Reports by Lucas Barasa, Pionciano Odongo, Robert Nyagah and Jackline Moraa |
Send Emails to wanabidii@googlegroups.com
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
---
You received this message because you are subscribed to the Google Groups "Wanabidii" group.
To unsubscribe from this group and stop receiving emails from it, send an email to wanabidii+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
0 comments:
Post a Comment