The Council of Governors (CoG) has opposed a petition filed in Senate to block County Governments from outsourcing legal services, noting that there has been a significant reduction in the same due to enhanced capacity in legal departments in Counties.
The petitioner in his submission, accused Counties of paying billions in legal fees to external lawyers despite having fully established legal departments within the devolved units.
Appearing before the joint Senate Standing Committee on Devolution and Intergovernmental Relations together with the Senate Committee on Justice, Legal Affairs and Human Rights, Governors led by the CoG vice chair H.E Ahmed Abdullahi said that there are certain factors that necessitate hiring of external lawyers.
“Whereas county attorneys are competent and qualified legal professionals, cases affecting County Governments may require specialized experts in various fields. Notably, other institutions, including the Senate, have also hired external lawyers for technical matters,” said H.E. Ahmed Abdullahi.
“I want senators to think about what could happen if this house was barred from outsourcing highly qualified lawyers for a matter in court concerning them,” added the Wajir Governor.
Giving his remarks, Bungoma Governor H.E. Kenneth Lusaka emphasized the need to engage the Salaries and Remuneration Commission (SRC) to address the issue of disparity in pay for County Attorneys in comparison to their counterparts in other public offices. Further, the Advocates Remuneration Order sets limits on legal fees, which should guide the remuneration process for external lawyers on a case by case basis.
CoG CEO Mary Mwiti on her part highlighted that counties only hire external lawyers on need basis and in dire situations where County Governments need slot deposit pulsa specific expertise on legal issues.
Senators urged County Governments to outsource external legal services in good faith and undertake due process including seeking for quotations and negotiating with the law firms to get the most favourable fee notes.
Month: July 2024
KUCO Ends 99-Day Strike, Members to Resume Work
The Kenya Union of Clinical Officers (KUCO) officially called off their ninety-nine-day strike on Monday 8th July 2024 and instructed all members to return to their workstations within the next twenty-four hours.
This development follows the signing of a Return to Work Formula agreement between the workers’ union and the Council of Governors (CoG).
“We have been on strike until today. By virtue of signing this agreement, we are officially declaring that our strike has come to an end. Our members shall resume duty in their respective places of work starting today and not later than 24 hours,” stated KUCO Secretary General George Gibore.
The signing and formalization of the agreement was attended by CoG Vice Chairperson H.E Ahmed Abdullahi, Chairperson of the CoG Health Committee H.E Muthomi Njuki, and KUCO leadership led by their National Chairman Peterson Wachira.
The clinical officers’ strike began on April 1, 2024, a situation which greatly affected the operations of health facilities in the country. KUCO members had withdrawn their services to demand the conclusion of negotiations for a new Collective Bargaining Agreement (CBA), employment on permanent and pensionable terms, promotion of slot deposit pulsa officers, employment of new officers, and the posting of clinical officer interns.
Speaking during the signing of the agreement, governors expressed their commitment to ensure effective health service delivery and thanked Kuco leaders for calling of the strike.
“We appreciate the crucial role of clinical officers in healthcare and we urge you to be on the frontline in educating the masses regarding registration for the new Social Health Insurance Fund (SHIF),”noted Governor Muthomi Njuki.
Transforming Kenya’s Waste Management
Kenya’s counties are poised to transform their waste management practices, drawing inspiration from successful models. Facing significant challenges such as inadequate waste collection services, improper disposal practices, lack of public awareness, insufficient funding, and policy gaps, governors sought a solution through a strategic visit to Ghana. This visit aimed to study and replicate the effective waste management practices of the Zoomlion, an affiliate of the Jospong Group of Companies, a move that promises to revolutionize Kenya’s approach to waste management.
Speaking during the visit, the leader of Council of Governors (CoG) delegation Vice Chair H.E Ahmed Abdullahi pointed out the importance of governments and African countries taking the opportunity to learn from each other. He also took the Ghanaian team through the Kenya country governance structure pointing out that in Kenya, Waste management is a fully devolved function.
“It is incredible to see an African country doing well in a sector and giving other countries an opportunity to learn from them. Some of the practices are wonderful and the results can be seen. As County Governments we are committed to working with partners in order to replicate these practices within our context,” said Governor Abdullahi.
Kenya’s rapid urbanization, population growth, and industrial activities have led to increased solid waste generation, overwhelming the existing infrastructure. Many counties in Kenya struggle with irregular waste collection, leading to waste accumulation in residential and commercial areas. This often results in illegal dumping and the creation of open dumpsites, which become breeding grounds for disease vectors. Learning from Ghana, County Governments aim to implement more efficient waste collection services to maintain cleanliness and guarantee public health.
Dr. Joseph Siaw Agyepong, founder and executive chairman of the Jospong Group of Companies on his part said that his company will partner with Counties to ensure they get rid of solid, liquid and medical waste at the county level. “As a company, we want to partner with you to ensure we deal with waste management issues in Kenya. We have gained experience over the years that can be beneficial to both Ghana and the Counties in Kenya especially as most towns and cities continue to grow rapidly,” Said Dr. Siaw.
The Kenyan delegation visited Zoomlion Group, a leading waste management company to study the waste management model and further gain insights that will accelerate Kenya’s transition from a linear to a circular economy. By learning from Zoomlion’s innovative and sustainable practices, Kenyan counties aimed to establish a comprehensive framework that prioritizes recycling, waste reduction, and resource recovery.
The delegation also visited waste transfer stations in Accra, where primary sorting and compaction occur before waste is transported to recycling plants. Youth use tricycles (tuk-tuks) to collect waste from households and deposit it at collection centers at a fee. The waste is then weighed, and charges are determined before it is loaded into larger trucks using conveyor belts. This model can be replicated in Kenya to ensure a transition to a circular economy and create employment opportunities for youth.
The liquid waste management plant in Ghana receives over 230 trucks a day and ensures the proper treatment of sewage, enhancing recycling.
The sludge is converted into biochar/briquettes for household use, and the residual water is treated and distributed to farmers for irrigation and other uses. This transition to a circular economy was inspired by widespread pollution in the past, where untreated sewage was disposed of in the ocean, affecting biodiversity.
The delegation visited the Accra composting and recycling plant, an innovative facility that helps accelerate the transition to a circular economy. The material recovery facility utilizes organic waste to make fertilizer and transforms plastic waste into plastic pellets for the Ghanaian and international markets. This model can help Kenyan counties, especially city counties, manage all waste produced and generate revenue from waste collection.
Additionally, the delegation visited the Ministry of Sanitation and Water Resources, the OmniBSIC Bank, and the Kumasi Compost and Recycling Plant.
These visits aimed to understand the collaboration between the Jospong Group and various stakeholders, including the role of financial institutions in supporting waste management infrastructure development. The familiarization visit provided valuable insights and laid the groundwork for Kenya to improve its waste management practices. By learning from Ghana’s successful model, Kenya can address its waste management challenges and move towards a more sustainable future.
The positive outcomes of this visit highlight the importance of international collaboration in solving global environmental issues and showcase a promising path forward for Kenya.
Governors Hit Out at Treasury Over Plans to Slash County Budget by Ksh. 5B
Governors have rejected the National Treasury’s plan to reduce the equitable share allocated to devolved units in the 24/25 financial year by ksh. 5 billion, noting that it undermines the spirit of devolution and is a threat to effective service delivery to Kenyans.
Addressing a press following a Council meeting held on Friday, 21st June 2024 at the CoG offices in Nairobi, Council of Governors (CoG) Chair H.E. Anne Waiguru cited Section 5 (1) of the Division of Revenue Act (DoRA) 2024, which stipulates that any shortfall in nationally raised revenue should be borne by the national government, not counties.
“We wish to state unequivocally that the Council rejects this proposal in totality,” said the Kirinyaga governor.
She further urged the exchequer to expedite the timely release of outstanding disbursements to Counties for the month of June 2024 amounting to ksh. 30.83 billion to enable the devolved units meet their obligations, especially in healthcare and payment of salaries for county staff.
The Council meeting was convened to discuss key issues affecting County Governments including claw back on devolution and the roll out of Universal Health Coverage (UHC). Speaking during the engagement with Governors Health CS Susan Nakhumicha said that preparation for the rollout of Social Health Insurance Fund (SHIF) will commence on July 1st 2024 with registration of persons.
It was agreed that the Ministry of Health (MOH) in collaboration with County Governments shall conduct a public campaign on the roll out of registration of citizenry to Social Health Authority (SHA).
“The exercise will be conducted through self – registration by use of a USSD *147* or www.sha.go.ke. Kenyans will also be assisted in registration by community health promoters, NHIF staff in the offices and any other registration point designated by the SHA board,” noted the Health CS adding that there would be continued provision of comprehensive medical insurance services for the next two months during the transition from NHIF to SHIF.
Further, both parties agreed that: MOH shall ensure the transfer of funds allocated to CHPs in the Special Purpose Account opened by County Governments commencing the FY 24/25; MOH shall support Counties in the rollout of the comprehensive integrated health information system for facilitation of health service delivery; MOH shall cover all cost pertaining to the rollout and maintenance of the Integrated Health Information System; MOH shall ensure the Ksh. 8 billion owed to Counties by the defunct NHIF is paid and; both parties to hold continuous engagements to ensure effective implementation of UHC.
The county bosses also stressed the need to settle debts owed for a smooth transition, particularly with outstanding bills at Kenya Medical Supplies Authority (Kemsa), which they said requires a resolution by the National Government.
“It will not be possible to settle those debts for Kemsa unless we get our full disbursement. We have to make a hard choice between paying the debt for Kemsa and paying salaries for the workers who are working in those hospitals.” said Tharaka Nithi Governor Muthomi Njuki, who also chairs the CoG Health Committee.
On claw back on devolution in devolved sectors, Governor Waiguru highlighted the recent notice issued by the Water Services Regulatory Board (WASREB) for a public consultation meeting regarding the licensing of Athi Water Works Development Agency as a Water Service Provider for the Northern Collector Tunnel (NTC).
“This conflicts with Nairobi County’s constitutional mandate to provide water and sanitation services,” added the CoG Chair while calling upon WASREB and the Ministry of Water to immediately suspend the public participation process until all constitutional and statutory concerns are addressed.
Additionally, governors urged the National Government to fast track the gazettement of transferred functions following the conclusion of the exercise of unbundling of functions and transfer of attendant resources and stakeholder engagement process in March 2024.
This will enable Counties to ensure the smooth running of operations and safeguard the gains made in devolution thus far.
Counties Urged to Leverage on Energy: The Next Frontier of Kenya’s Socio-Economic Development
The energy sector is one of the key enablers of Kenya’s Vision 2030 and the Fourth Medium Term Plan (MTP IV) 2023-2027 themed: ‘Bottom-Up Economic Transformation Agenda for Inclusive Growth’. MTP IV prioritizes development of energy resources and enhanced electricity accessibility in the Country.
In appreciation of the crucial role that County Governments play in energy planning, regulation and development, the Council of Governors (CoG), in collaboration with the Climate Compatible Growth (CCG) programme, UK Pact and Strathmore University convened the County Directors in charge of energy in Muranga County for a consultative workshop on: development of model instruments for resilient and inclusive county energy planning and energy regulation.
The 3-day forum, which began on 24th June 2024, brought together key stakeholders including the Ministry of Energy and Petroleum, Energy and Petroleum Regulatory Authority (EPRA), academia, private sector actors, NGOs and development partners. It sought to sensitize County Governments on the energy modelling tool, review the energy data governance frameworks, the energy act (2019) and the energy policy, identify current challenges experienced by Counties while developing County Energy Plans (CEPS), sensitize County Governments on gender equality, climate resilience and social inclusion in energy planning and, identify activities for the Special Interest Group (SIG) for county energy planning.
Making the official opening remarks, the CoG Director Committees Kizito Wangalwa highlighted the need to ensure alignment with the planning instruments provided for in the County Government Acts and planning frameworks, including the sectoral plans and County Integrated Development Plans (CIDPs), as they provide a basis for allocation of funds.
“Data driven decision making at both the county and national level is of utmost importance,” said Director Wangalwa, singling out the county statistics policy instrument as one of the key tools in energy planning.
The chair of the energy directors’ caucus Wilfred Baya on his part urged the county directors present to utilize the opportunity to exchange knowledge, learn from each other and share insights that can propel the energy sector to greater heights.
“A good number of counties have already developed detailed energy plans, integrating renewable energy solutions such as solarization projects into their CIDPs and setting the pace towards sustainable energy development,” he added emphasizing the need to prioritize energy development to maximize the sector’s full potential.
Key aspects highlighted during the forum include: overview of the energy sector at both the county and national level, particularly the Integrated National Energy Planning Committee (INEPC), proposed design for national – county modelling framework, data availability, identification of data sources, accessibility and usability of the model and, challenges experienced in the development and implementation of CEPS including lack of implementation of the energy plan, inadequate funding, delays in approval by county assembly and lack of a decentralized energy data management units in Counties.
While expressing their commitment to work in collaboration with County Governments to advance the energy sector, the Program Manager at Strathmore Research Centre Martin Mutembei, called upon all stakeholders to leverage on the existent opportunities to advance the sector. This also necessitates a holistic approach to incorporate the nexus between energy and other key aspects such as water, environment, climate change, agriculture and security among others.
Key resolutions arising from the meeting include: CoG in collaboration with other stakeholders to continue capacity building County Governments on energy functions including planning; convene a high https://sites.uol.edu.pk/ level engagement between CoG and UK – Pact/CCG on the partnership with County Governments in the energy sector; engagement of the Ministry of Energy to convene a meeting between County Governments and energy agencies; involvement of sector experts in future meetings with County Governments and; collaboration with Local Universities to become centres of excellence on energy research and capacity building.
Advancing Climate Justice
In a significant joint retreat between the Council of Governors (CoG) and the Environment and lands Court held in Ukunda, Kwale County, Kenya, key stakeholders gathered to canvass the pressing issues of climate justice, carbon markets, environmental governance, and land use planning. The event, marked by insightful speeches and discussions, underscored the pivotal role of the judiciary in shaping sustainable development and advancing climate resilience in Kenya. Key speakers included H.E. Dr. Wilber Ottichilo, H.E. Prof. Peter Anyang’ Nyong’o, Supreme Court Judge Dr. Smokin Wanjala, CoG CEO Mary Mwiti and PS Dr. Eng. Festus Ng’eno, who collectively highlighted the urgent need for collaborative efforts in addressing climate change and its multifaceted impacts.
During his address, H.E Dr. Wilber Ottichilo, Chairperson of the Environment and Climate Change Committee of the CoG, emphasized the judiciary’s pivotal role in supporting climate justice. He called upon judges to expedite the handling of environment-related cases, promote alternative dispute resolution mechanisms, and provide legal clarity on emerging environmental challenges. Governor Ottichilo underscored the importance of understanding the Climate Change (Carbon Markets) Regulations, 2024, which delineate the roles of different stakeholders, including county governments and the private sector. By ensuring that proceeds from carbon trading are channeled back into meaningful resilience interventions, he highlighted the potential for carbon markets to drive sustainable development.
H.E. Prof. Anyang’ Nyong’o, Chair of the Lands and Physical Planning Committee, on the other hand highlighted the complexity of land management and use in the face of rapid urbanization, population growth, and environmental challenges. He emphasized the vital role of ELC judges in interpreting laws, adjudicating disputes, and guiding decisions that directly impact Kenya’s landscapes and communities. Governor Nyong’o advocated for the use of GIS in judicial decision-making, enabling evidence-based decisions and promoting transparency and accountability in land transactions. By leveraging GIS, the judiciary can assess the environmental and social implications of proposed land developments, ensuring just and effective judicial outcomes.
Supreme Court Judge, Smokin Wanjala, emphasized the need for the Council of Governors and the Judiciary to ensure regular engagement on topical issues to share experiences.
“I have always advocated for continuous education of our judges. Continuous education of judges and magistrates is no longer a choice but it is a constitutional imperative which says a good judge must be a learning judge. This will enable the Courts come up with great jurisprudence,” said Judge Smokin Wanjala
The CoG CEO Mary Mwiti, on her part emphasized the critical intersection of judicial decisions and carbon markets in the context of climate justice. She stressed the importance of equipping Environment and Land Court (ELC) judges with the necessary knowledge to adjudicate legal disputes related to carbon markets and environmental issues.
The joint retreat in Diani underscored the critical role of the judiciary in advancing climate justice and sustainable development in Kenya. By equipping ELC judges with the necessary knowledge and tools, fostering partnerships, and promoting robust legal frameworks, the judiciary can significantly contribute to climate resilience and environmental governance. As Kenya navigates the complexities of climate change and land management, the collaborative efforts of all stakeholders, including the judiciary, will be instrumental in ensuring a prosperous and resilient future for all.