Authority opposes plan to disband it

The Transition Authority on Tuesday opposed plans to replace it with a committee as doing so would delay the transfer of government functions to counties.

The proposal to replace the authority with a committee is contained in the Miscellaneous (Amendment) Bill, 2013 which is yet to be discussed by Parliament.

According to the Bill, “the Authority shall stand dissolved upon the establishment of the Intergovernmental Relations Committee established under the Intergovernmental Relations Act.”

The committee will act as a link between the 47 counties and the national government.

However, the TA team has said the change will distract plans already in place to ensure functions are successfully and quickly transferred.

“This (proposal) just came like lightning to us. We did not expect such a thing to happen now as we are in a crucial stage in ensuring devolution succeeds,” TA chairman Kinuthia Wamwangi told the Nation by phone on Tuesday.

He said that he did not understand the motive of the proposed law, adding that the devolution agency was not informed of the Bill before it was drafted.

Devolution and Planning Cabinet Secretary Anne Waiguru has said that the intention of creating the committee is to establish a permanent institution with representation from the national government and the counties.

DECENTRALISATION

The Transition Authority is now in phase two of transferring functions as required by the law.

Currently, the officials are conducting an analysis of parastatals to identify those that require decentralisation. This may be disrupted if the authority is replaced by a committee as proposed by the Bill drafted by the Attorney-General.

The Authority has also been auditing the former county councils to ascertain their assets and liabilities before they are fully transferred to the county governments.

The Constitution suggests the establishment of a mechanism for a smooth transition into the new system, but it does not specifically name the body to carry out the activities.

The Tenth Parliament passed the Transition Act, paving the way for the formation of the Authority last year in June.

The Intergovernmental Relations Bill provides a framework for consultation and cooperation between the national government and county governments and among the county governments.

The proposed amendments do not state the fate of officials seconded to the Authority. Apart from the chairman, the Authority has eight other members.