THE ADDRESS OF HON LEONARD NDUATI KARIUKI, THE SPEAKER OF MURANG’A COUNTY ASSEMBLY DURING THE OFFICIAL OPENING OF THE THIRD SESSION HELD ON FEBRUARY 12, 2015 AT 2.30 PM IN THE ASSEMBLY CHAMBERS.

REPUBLIC OF KENYA
MURANG’A COUNTY ASSEMBLY
THE ADDRESS OF HON LEORNARD NDUATI KARIUKI, THE HONORABLE SPEAKER OF THE MURANG’A COUNTY ASSEMBLY DURING THE OFFICIAL OPENING OF THE THIRD SESSION HELD ON FEBRUARY 12, 2015 AT 2.30 PM IN THE ASSEMBLY CHAMBERS.
Your Excellency Mwangi Wairia, the Governor of Murang’a County
Senator Kembi Gitura, MP, the Senator of Murang’a County
Honorable Members of Parliament
Deputy Governor
The Honorable Members of the Murang’a County Assembly
The County Commissioner
The County Executive Committee Members
Religious Leaders
Distinguished Guests
Ladies and Gentlemen
Introduction
It is with great pleasure that I welcome you to this occasion of the official opening of the Third Session of the First Assembly of the Murang’a County Assembly. Your presence here is an indication of your interest and dedication not only to this Assembly but the County as well. Together, we can make this County the best model for good governance, public participation, consultation and cooperation among the leaders and the citizens.
The Functions of the County Assembly
Being new, the County Assembly has been confused by a few who still view it as the defunct local authorities. It suffices to say that the functions of the County Assembly very different from those of the former local governments. The functions of the County Assembly are as follows:
1. A County Assembly may make any laws that are necessary for the effective performance of the functions and exercise of the powers of the County Government under the Fourth Schedule.
2. A County Assembly, while respecting the principle of the separation of powers, may exercise oversight over the County Executive Committee and other County Executive organs.
3. A County Assembly may receive and approve plans and policies for the management and exploitation of the County’s resources; and for the development and management of its infrastructure and institutions.
4. Approve the budget and expenditure of the County Government in accordance with Articles 207, 201, 203 and 220 (2) of the Constitution.
5. Approve the borrowing by the County Government in accordance with Article 212 of the Constitution.
6. Vet and approve nominees for appointment to County public offices as may be provided in law.
7. The County Assembly participates in the removal of the following state officers:
a) Governor.
b) Speaker.
c) County executives.
d) County Public Service Board.
To achieve fulfill their mandate; MCAs are involved in a number of activities. They include:
a) Drafting, tabling, enacting and debating bills and motions.
b) Seeking answers on behalf of citizens.
c) Being involved in leadership in the house, such as Leader of Majority, Whip, etc.
d) Working in Assembly Committees
e) Presenting petitions on behalf of citizens.
As we usher in the Third Session, of the First Assembly of Murang’a County, it offers us a good opportunity to highlight to the people of Murang’a some of the key milestones the Assembly achieved during the Second Session.
1. The Assembly developed a Strategic Plan for the period 2015-2018.
2. The Assembly established and furnished 35 Ward Offices to facilitate the Members of the County Assembly to be effective and closer to the people. Each office is fully equipped and has three staff: the Office Manager, Secretary and Office Assistant.
3. To ensure effective and efficient operations of the Assembly, the County Assembly Service Board has recruited key staff to support the administrative and legislative functions of the House;
4. Undertaken capacity building activities for all MCAs and staff. The Members and the staff we have now are adequately equipped with knowledge and skills for the task ahead.
5. The Assembly revised the Interim Standing Orders issued by the Transition Authority and adopted the new Assembly Standing Orders.
6. Public participation has been a key activity for the Assembly. All Budgets and Bills are subjected to public participation. All Committees and the Plenary Sittings are open to the Public.
7. The Assembly has also engagement with the media. We operate active social media engagement in networks such as Facebook and Twitter. The Assembly has contributed to newspaper articles, press statements and news inserts on print media.
Petitions
The Constitution of Kenya 2010, citizens can now petition their government. During the second session, the Assembly received and acted upon several Petitions among which include;
1. A Petition by Health Workers previously employed under Economic Stimulus Programme and seconded to Murang’a County Government. However, this Petition could not be deliberated upon since the matter is before a Court of law.
2. A Petition by Kanyanyaini Tea Farmers, to the County Assembly for its intervention with regards to the “Green Leaf Supply Agreement”.
3. A Petition by Kikuyu Council of Elders to have Murang’a County forgotten historical figures, events, places and documents preserved for historical purposes;
4. A. Petition by the Officials of the Murang’a County French Beans Co-operative Society Limited. On disputed election of the Chairman Murang’a County French Beans Cooperative Society; and
5. A petition for the removal of the Chairperson of the County Public Service Board.
Through these petitions, the citizens have resolved major concerns and experience the benefits of devolved governments.
Law Making in the Assembly
Your Excellency
The Second Session of the Assembly passed the following Bills into law:
1. The Murang’a County Supplementary Appropriation Bill, 2014
2. The Murang’a County Scholarship Fund (Amendment) Bill, 2014
3. The Murang’a County Appropriation Bill,2014
4. The Murang’a County Scholarship Fund Bill, 2014
5. The Murang’a County Ward Development Fund Bill,2014
6. The Murang’a County Finance Bill, 2013
7. The Murang’a County Alcoholics Drinks Control Bill, 2013
The under listed Bills are currently at different stages of enactment before the Assembly,
1. The Murang’a County Tea Bill, 2014
2. The Murang’a County Water Bill, 2014
3. The Murang’a County Symbols Bill, 2014
4. The Murang’a County Youth Polytechnics/Youth Technical Training Centers Bill, 2014
Vetting of Nominees to County Public Offices
Pursuant to the requirement that all appointees to various public offices must be vetted and approved by the County Assembly, the Appointments Committees and respective Sectoral Committees undertook vetting of the nominees submitted by H.E. the Governor for appointment to various posts. Subsequently, the Assembly approved their appointment to the various positions as follows;
1. Mrs. Sarah Thelca Masaki for appointment, to the position of County Executive Committee Member Lands, Housing and Physical Planning.
2. Mr. Moses Waiharo Mburu nominee for appointment to the position of Chief Officer Youth, Culture and Social Services.
3. Mr. Simon Thuku Mwaura nominee for appointment as the Chief Officer Youth Culture and Social Services in charge of Sports.
4. Vetting of nominees to the County Land Management Board.
As we open a new Session, there are some issues that require our common attention:
1. Northern Water Collector Tunnel Project
The Assembly inquired into the matter of the proposed Northern Water Collector Tunnel Project (NCT) and adopted a report suspending it pending the evaluation of its social and environmental impact to the people of Murang’a. Phase 1 of the NCT Tunnel will cover 11.8 Km. The Tunnel will be 3 meter in diameter and will run underground at proposed depths of between 20 meters to 250 meters subject to the terrain. The Tunnel is designed with adits, portals and drop shaft from Irati intake, wiers and intakes at Maragua, Gikigii and Irati Rivers. The project envisions to abstract flood waters flows from the said rivers. There will be an out fall and energy dissipation structure at Githika River near Makomboki up stream of the existing Ndakaini Dam. The water will then flow into Ndakaini Dam and will be conveyed to Nairobi through pipes.
In a Consultative Forum held on February 21, 2015 at Golden Palm Hotel, the meeting resolved to appoint a Technical Committee to assess the project’s social and environmental impact and report to the County Government and the County Assembly. We are happy to note that the Committee is now in place. I urge the Technical Committee to expedite the preparation of their Report.
I therefore appeal to all, including political leaders, civil group activists and the Athi Water Services Board to give the team time and a free hand to produce their report. In particular, all should desist from making statements that could be construed as canvassing, influencing the team or swaying public opinion before receiving the benefit of the report by the experts.
Funding of County Governments
Your Excellency
The funding of County Governments remains a major challenge to the implementation of devolution. Whereas powers and functions have been devolved by the Constitution of Kenya 2010, the resources to finance these functions remain held up at the National Government. Functions such as Early Child Development, Youth Polytechnics and Farmers Training Centers are good examples.
The Commission of Revenue Allocation set ceilings for expenditure of recurrent expenditure for County Executives and County Assemblies. The County Assemblies declined to comply with the ceilings and petitioned the High Court to declare the action by CRA illegal through the County Assembly Forum. The judgment will be delivered on February 20, 2015. In the meantime, Murang’a County Assembly complied with the ceilings to facilitate the County Government access all the funds allocated to it this financial year.
The question of ceilings of recurrent expenditure for the assembly is a very sensitive one and I would like to address this to the Senator.
Nobody has issues about having ceilings on expenditure. There can never be a case where any institution has a carte branch to spend as it wishes. It is also true that some County Assemblies in the last financial year went overboard in expenditure particularly on sometimes unproductive foreign travels. So celling were in order.
However, ceiling must be reasonable. It must not curtail the assembly from doing its legitimate constitutional mandate otherwise there is no use of having County Assembly there are not functioning in order to save money.
A case in point is this Assembly. We have spent negligible amount on foreign travel this financial year. In fact, our current budget has provided very little for this vote.
Yet despite this we find that by sticking to the budget we are becoming dysfunctional.
- We have a strategic plan which we cannot implement.
- We cannot employ consultants for seminars to take us through technical points on various bills, we intend to enact. But we are supposed to enact them otherwise we cannot employ the much needed technical staff for research.
- We are required to involve the public in public participation on various bills and policy decision. This is a constitutional requirement yet we are supposed to do it with a zero budget. A case point in the meeting we had at Kenol on Northern Corridor Water Tunnel. If we needed such a meeting now, we cannot have it.
- Our committees are called upon by the public to go and listen to their grievances on various issues. There is no budget for that.
- We are supposed to play an oversight role on the executive, yet there are no funds to go and visit the projects.
Hon. Senator, the Senate must wake up and play their role. They left the imposition of ceilings to an institution that does not understand legislative and parliamentary matters. We have spoken to a number of Senators and they always say they understand but don’t seem willing to do anything about the issue. The senate should itself have formed a Committee to look at these ceilings.
County Government has two arms. The senate is letting one arm be ineffective be just there to satisfy constitutional requirements.
As we prepare the Budget for the FY 2015/2016, we have noted remarkable developments in the costing of functions at the County level. An example is the proposed increase from KSh.17Billion to the KSh.24 Billion. CRA has also proposed that the Revenues allocated to Counties be adjusted to cater for additional costs for the County Structures based on the Salaries and Remuneration Commission and Transition Authority Circulars. The additional cost amounts to KShs. 12.5 Billion consisting of KSh.6.5Billion for County Assemblies and 5.9Billion for the County Executives to meet the recurrent expenditures. It is our hope that Parliament will approve these recommendations to ease the financial pressure being experienced by County Governments across the country.
On the other hand, it is critical that the County Government increases the revenues collected internally. Our current internal revenue is approximately KSh.400 Million which is way below the potential revenues that could be generated. It is in this regard that I call upon the relevant County Executive Committee Members for Finance and Planning to expedite the drafting of the County Revenue Administration Bill, the County Finance Bill, the County Trade Control and Licensing Bill, the Rating Bill, the Entertainment Tax Bill and the County Public Participation Bill. These Bills are critical in providing a legislative framework for Revenue Collection.
Conclusion
In conclusion, the Assembly would like to inform the general public that all the sitting of the Assembly and its Committees are open to the public and the media. The Assembly expresses its desire to see the public gallery full to capacity during sittings of the Assembly and its Committees.
With these few remarks, it my pleasure to welcome you, once again, to this Honorable House.
Dated at MURANG’A this 12 day of February 2015
THE HON LEONARD NDUATI KARIUKI, DSM, HSC
THE HONORABLE SPEAKER
MURANG’A COUNTY ASSEMBLY