The President wishes to thank the Commission, which was chaired by Mohamed Nyaoga, for its work. The Commission submitted its report on 3rd September 2015, recommending the suspension of the Makueni County Government on the basis of a 5-1 vote by the Commissioners.
Having reflected on the report and its recommendations, State House makes the following observations.
1. The President is required to make a finding as to whether sufficient grounds exist for the suspension of the County government.
2. That due to the gravity of the import of such a decision the Law sets an extraordinarily high standard to be met.
3. That His Excellency the President believes that such circumstances must be exceptional and extraordinary for the exercise of the power to extinguish an elected government.
4. That the report outlines a most alarming and deplorable litany of failures. For example, in the financial year 2013/14 there was a budget crisis occasioned by the failure by the assembly and executive to pass the county budget for at least 5 months; and in another case MCAs made 14 foreign trips in 2013/14 using re-allocated funds. Also, the report cites a gunfight within the precincts of the county assembly where 5 persons were shot and injured, including the sergeant-at-arms of the assembly and the Governor’s Chief of Staff.
5. These litany of failures, in the President’s considered opinion, do not meet the high bar set for the exercise of this special power.
6. The President reaffirms that our constitutional, legal and political architecture provide sufficient alternative mechanisms to deal with maladministration, corruption and ineptitude.
7. The President is therefore not satisfied that justifiable grounds exist for the suspension of the County Government of Makueni.
In view of the special place of devolution in our new constitutional order, and the need to set the right precedents, the President believes a decision that results in the ejection of an elected government is extremely grave and one that ought to be exercised sparingly and in the most exceptional circumstances.
The President notes with appreciation the proposals for better management and resolution of intra-county conflicts, including the proposal to set up mechanisms that mirror the inter–governmental summit within each county to avoid the escalation of disputes that could lead to paralysis and disruption of vital public services.
MANOAH ESIPISU
STATE HOUSE SPOKESPERSON
6TH SEPTEMBER 2015
