A CRITIQUE OF THE NANDI COUNTY SENATOR STEPHEN SANG. BRIEF - TopicsExpress



          

A CRITIQUE OF THE NANDI COUNTY SENATOR STEPHEN SANG. BRIEF BACKGROUND Stephen Kipyego Sang was born on 1st January 1985 in a small village in Kobujoi Nandi County. He attended Kapsabet Boys High School in Nandi County and then proceeded to University of Nairobi School of Law from the year 2004-2008 where he served as a Faculty Representative SONU. He has worked USAID/ CHEMONICS as a Program Specialist, Rift-Valley Dev. Trust as an Executive Director and Emo Community Development as a Program Officer. It is against this backdrop that the people of Nandi bestowed him with the honour of the FIRST SENATOR in the wake of the new constitutional dispensation. He is the YOUNGEST senator in the House with only 29 years and he recently married at Nandi Bears Club, Nandi-Hills. ANALYSIS OF THE ONE YEAR IN OFFICE His election as a senator came in as a surprise since he was competing with the political bigwig of Nandi Hon. Henry Kosgey. He was not elected on a platform of generational change, ideological transformation nor because he presented a better agenda for the people of Nandi compared to this competitors. His was a story of luck. He was at the right place at the right time. He rode on URPs popularity in Nandi County and Deputy Presidents vehement moral and financial support. The people of Nandi County and particularly the youth were more optimistic than ever before the minute Sang made it to 1st floor of KICC, which is the seat of the Senate of the Republic of Kenya. He is currently serving as the Vice-Chairman, Legal and Human Rights Committee of the Senate( A Committee chaired by Amos Wako). DEVELOPMENTAL CONTRIBUTIONS TO HIS HOME COUNTY The Senator hasnt launched any SUBSTANTIVE SUSTAINABLE ECONOMIC PROJECT in the county. The youth in the county have since gotten tired of waiting. The Senator has been seen in one or two fundraisings, funerals, and weddings-inlcuding his own which took place at Nandi Bears Club, Nandi-Hills town. There has been the passage of rules and regulations on UWEZO FUND. I understand that this does not fall within his realm or jurisdiction but the biggest problem surrounding the disbursements of the said funds has been the absence of information on how to register the groups, how to apply for the funds, the criteria for selection and eventually how the youth groups that are to benefit from the said funds are enlightened on how to make great use of the loan. The Members of Parliament from Nandi County, including the Women Representative have been mum while youths from other counties laugh all the way to economic prosperity. The youth need to see a significant impact of his senatorial tenure not because he is the youngest senator but because you understand what it means to be a youth. The assumption that when a youth emanating from the county meets him is commensurate to the foking out of 5000shillings is a thinking of the old order. We need to see a platform where he interacts, identifies and shares ideas with his constituents. That way nobody will call him and find their phone calls ever unanswered and text messages unreplied to. The people he represents in the senate and more particularly the youth need opportunities and for information to freely flow of information from the capital to the County Head-Quatres. We need not hear him attacking the Governor and all the other elected leaders in the county in the name of oversight yet his office has done little to salvage the county from abject poverty and abysmal ignorance. We dont want him to be Senator Kipchumba Murkommens water boy. We want him to be his own man. LEGISLATIVE CONTRIBUTIONS The Sang Bill which created the COUNTY DEVELOPMENT BOARDS was, together with Kipchumba Murkommen, brainchild. The bill creates a County Development Boards, which will be chaired by the senator and comprise of the county woman representative; the elected MPs in the constituencies within the county; the Speaker of the county assembly; the majority and minority leaders in the county assembly; the chairperson of the county public service board, the chairmen of the county assembly committees in charge of planning, finance, and budget. The representative of the national government in charge of planning will also sit in the board. The governor will sit as the secretary of the development board, while the deputy governor will just be one of the members. The boards shall also be responsible for the coordination and harmonisation of county development plans and projects. The boards are also empowered to consider and adopt the county integrated development plans and the county annual budgets. The proposed Bill seeks to amend the Principal County Government Act (Act no 17 of 2012). This is essentially an Act of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions and responsibilities to deliver services and for connected purposes. Kinyanjui Kamau lists the following as the main objectives of the Act. The main objectives of the County Act include: >To provide for matters necessary to give effect to Chapter 11 of the Constitution >Give effect to the objects and principles of devolution >Provide for powers, privileges and immunities of county assemblies >Provide for public participation in the county assembly and its activities >Ensure that cultural diversity of a county is reflected in its organs >Prescribe mechanisms for the protection of minorities >Prescribe procedures and standards for the management of county governments The Commission on Implementation of the Constitution (CIC) has on several occasions stated that the proposed bill violates the constitution. Governors believe that it will diminish their role in regards to the budget making process. The Key issue with the bill however is its contravention to the Supreme Law of the Land.The following are some of the contentious issues raised by those opposing the bill: - i)The Unconstitutionality of the Bill. Several articles of the Bill are contrary to the Constitution. The Commission on Implementation of the Constitution states that the Bill violates Article 261 of the constitution which lays out the procedure to be followed for the generation of legislations. ii)Duplication of Roles. It has been argued that the enactment of the bill will lead to creation of duties and roles that already exist and that are accounted for in the County Government Act. This in turn will create a need of funds to be allocated to enable performance of these functions, which is against the spirit of the constitution in Article 201(d), which calls for prudent and responsible use of public money. iii)The proposed bill is also in contravention of the Constitution especially in regard to the Article that makes provisions for Public Participation. This is particularly Article 10(a) which deals with the principles of good governance and that emphasize that public participation is an important national value. This is contrary to not only the constitution but also the County Governments Act, the Public Finance Management Act and the Intergovernmental Relations Act. iv)In regards to the Tug of War for power between the senators and Governors and specifically in regards to the issue of Devolution of powers between the two, governors have stated that the bill seeks to undermine not only their powers but also their participation in the county Budget making process. v)In regards to funds, the Commission on Implementation of the Constitution has stated that the bill draws membership from the national and county governments. It has however not stated whether the aforementioned costs would be a charged of revenue allocated to the county government or the national government. It is evident that for any piece of legislation to be effective it should be clear and precise; a characteristic that is clearly lacking in the bill but that can be easily corrected and rectified through amendments. vi)The Bill has also been criticized for the composition of County Development board that violates the Constitution. The key issue here being the fact that the National government and County governments are distinct entities and the proposed composition of the County Development Boards abuses the mandate of the county Government in managing the affairs of the county. It also duplicates the role that has been set out for the County Government. vii)The Bill has also erred in proposing an amendment to the effect that county annual budgets should be adopted by the Boards before being tabled in the county assembly. The bill pays no regard to the fact that Budget issues are managed by the Public Finance Management Act. The Bill proposes a complete turnaround in regard to budget making process. RECOMMENDATIONS i) Adopt the CAR principle of a leader to your people-Capability, Availability and Reliability. ii) Communicate your visions and plans that you have for the county through online platforms and one-on-one forums in selected locations in the county. iii) Free flow of information on opportunities available to the businessmen, civil servants, investors and those in the agricultural sector in the county. iv)Co-operation with the Governor, Deputy Governor, County Executive Members, Members of County Assembly and other leaders is of utmost importance. Do not isolate yourself. v)The YOUTH are the engine of the county. Find a way of empowering and uplifiting them. CONCLUSION The Senator should come out and define the destiny of his County by contributing to the economic empowerment of the county on top of his legislative duties in the Kenyan Parliament. He needs to actively engage his electorate through effective communication of what he has done and the plans he has for the county.
Posted on: Wed, 26 Mar 2014 19:57:48 +0000

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