SIMPLE DIGEST ON LEGISLATIVE ROLE IN COUNTIES -- A case pertaining to Samburu County Assembly at standstill Ladies and gentlemen, there are tit bits we should understand basically about devolution and their governance structures. In this second tire of government, we have the Executive and County Assembly. Judiciary is virtually there but under the umbrella of the National Government. Touching on County Assembly, I will put things on layman terms as I am one. The Assembly is a legislative body that passes laws. Unlike the former County Councils, County Assembly makes laws but not resolutions. Laws are made procedurally starting by every Executive department drafting its own bills and presenting to relevant County Assembly committees. E.g. Lands Department, channels its bills to County Assembly Committee on Lands. Once bills are presented to relevant committees, they are introduced to the floor of the House after passing the office of the Clerk and Speaker to the County Assembly. Bills on the floor of the House, takes 3-4 legislative processes. These are First Reading, Second Reading, Third Reading and passing by voting for the bill. At times, some bills calls for Kamukunji sittings – informal – before First Readings or last readings ahead of passing/voting. To fast track bills, some readings can be merged e.g. 2nd and 3rd and even voting. Once bills are passed, they become ‘Act’ and the ‘Acts’ comes to force after the Governor signs them to law. In county governments, hardly anything passes without its legislation. Even distributing bursary, must have its legislation. Any use of money or action, must have a respective legislation. Today’s computerized financial system being used called Integrated Financial Management Information System (IFMIS), can’t transact releasing money for any use if it has no any accompanying legislation. Even Government Pay (GPay) that county governments use to withdraw funds from Central Bank of Kenya to commercial bank accounts. For a release of money for any purpose, the system should know under what legislation for it to allow release of fund, failure of that, a bill must be quickly introduced and passed to law in county assembly for legislation to be used to control the money released for a given purpose. That explains the reason why there was delay of paying salaries at some points. Recently, Members of County Assembly underwent training in the Coast, on legislation and their responsibilities. These include among others, drafting laws, passing laws & fast-tracking, amending laws and their oversight authority to say the least. This was mistaken by some maligning the exercise as MCAs going for training on how to use their newly acquired tablets. So far so good, the Executive presented Finance Bill and Appropriation Bill to County Assembly for passage. More bills are being awaited including for opening of the new conservancies in Samburu North. The County Assembly alone needs to make its own bills managing the County Assembly affairs. Laws can as well be amended with time at convenience of demanding variables of times. The current challenge the county could be facing now, are enough lawyers for bills drafters.
Posted on: Mon, 27 Jan 2014 09:50:45 +0000
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