•The county assembly gobbled up Sh300 million but only passed one bill in 9 months
•Majority and Minority leaders defend the MCAs
Image: EZEKIEL AMINGA
The disgrace of the Nairobi County Assembly has manifested itself yet again after the revelation that the MCAs pocketed Sh300 million in nine months but passed only one bill.
More than a year ago the venerable MCAs passed the Outdoor Advertising and Signage Control and Regulation Bill. That's all.
Further, lack of quorum and constant 'lack of business' continue to bog down assembly proceedings.
But hardworking ward reps diligently claim their salaries and allowances.
The MCAs have been at the forefront pushing the Salaries and Remuneration Commission to give them house allowance — equivalent to 15 per cent of their basic salary —among other perks.
Fistfighting, high drama and frequent squabbles between the House and the Executive have plagued the assembly headed by acting speaker Mwaura Chege.
Chege, a soft-spoken Ngara MCA, succeeded embattled speaker Beatrice Elachi who was dramatically impeached in September last year over allegations of abuse of office and gross misconduct.
The MCAs troop to Mombasa on almost every weekend for what they call "official" committee business where they pocket tens of thousands in per diem.
The Star has established that the 128 MCAs gobbled up more than Sh300 million in salaries and allowances between July 2018 and March 31 this year.
Despite pocketing these sums — and still demanding more — the pay has been far from commensurate with their output.
An analysis of their legislative and oversight record reveals a shocking trend. The capital's MCAs have only passed one Bill over the entire period under review, rendering it one of Kenya's worst-performing legislatures.
The singular legislation: The Nairobi City County Outdoor and Advertising and Signage Control and Regulation Bill sponsored by Anthony Kiragu, which stipulates charges for outdoor advertising. It was passed on August 2, 2018.
Six crucial other bills were pending, including the Nairobi City County Public Road Transport and Traffic Management Bill, which was meant to reduce jams.
The House adopted 97 motions over the entire period. Motions are suggestions that urge the executive to act or expedite action on an important issue. They are not legally binding.
Further, 81 statements requested by members regarding development and other matters in their wards were pending.
Image: EZEKIEL AMINGA
According to the County Government Budget Implementation Review Report by the Controller of Budget, the county spent Sh75.97 million on MCAs’ allowances for the first nine months of 2018-19.
“This represented an increase of 70.3 per cent compared to Sh48.31 million spent in a similar period the previous year,” the report reads
Each of the 128 MCAs pockets Sh3,900 in sitting allowance per session — plenary or committee meetings — while chairs of the panels take home Sh5,200 per sitting.
The House has 25 committees and each of the 128 members sits in at least two committees. A member is entitled to a maximum of five committee sittings and three plenary sittings per week.
The SRC has capped MCAs’ monthly sitting allowance at Sh124,800 on top of their basic salary of about Sh123,750.
A source at City Hall said most of the MCAs have developed a habit of only making ‘technical appearance’ in the chamber and in committees.
“Most of them only come to sign an attendance list to earn an allowance. Sometimes, you only find only three or two members in a committee but the attendance list is full,” a sergeant-at-arms told the Star.
Further, the MCAs no longer play their oversight role of checking the excesses of the Executive. Often, they dance to the tune of Governor Mike Sonko’s administration.
The Minority members — mostly Nasa-affiliated — have abandoned their oversight role and become an appendage of the Majority.
A week rarely passes without the House being adjourned for lack of quorum. At times, the whips literary beg their member to get into the chamber to start business, any business .
Majority leader Abdi Hassan Guyo defended the members' apparent lack of meaningful action, saying the quorum hitches are not unique to the Nairobi Assembly.
Even in the National Assembly, members come in and after a few minutes, they leave. MCAs, especially those elected, multi-task so you cannot expect them to be in the chambers day-in-day-out,” Guyo said.
He argued that an MCA does not need to be physically present in the chamber to show he or she is representing the electorate.
“Many issues we handle are mostly ward-related and at times require our physical presence. And if we don't attend to the issues on the ground, you can as well kiss your seat goodbye because the people who elect you need their problems sorted,” he said.
Concerning the constant lack of business and poor legislative performance, Guyo shifted the blame to the Executive, saying it has not been generating business.
“The executive is supposed to be generating bills, which is not happening. But members have been bringing private bills and motions,” he said.
He added, "There is is a lot of expectation from us because people expect you to attend to their burials, meetings, meet them at the office regardless of plenary sessions in the afternoon or not. As members we try and balance all these roles,”.
Image: EZEKIEL AMINGA
Minority leader Elias Otieno also defended his wing, denying his members have gone to bed with the Executive.
“We cannot just oppose for the sake of opposing. I know we are not 100 per cent perfect but I am happy with our performance so far,” he said.on
On September 10, last year, the ward representatives caused drama at City Hall when they stormed speaker Elachi's office and attempted to physically eject her out of office.
The MCAs, some appearing drunk, broke into the office spewing all sorts of insults at her. The incident led to the summoning of nine members of the house by the Ethics and Anti-Corruption Commission for unethical conduct.
The former nominated Senator had just reported to the office days after a Labour temporarily quashed her impeachment pending hearing and determination of the case.
Despite winning the case in the judgement delivered this year, Elachi has remained out in the cold after the ward vowed to block her return.
"Elachi was elected by the members and the same members are the ones who impeached. More than two-thirds of the members voted against her, meaning they have lost faith in her. A leader cannot cannot be imposed on followers," Guyo said.
National Civil Society Congress national coordinator Suba Churchill said county assemblies have proved to be the weakest link in devolution.
He said the assemblies have abdicated their key roles of oversight and in most cases, have become the perpetrators of the embezzlement of public funds.
“When you see some of the functions and activities that the county government of Nairobi is doing — like the one we're told the governor was spending his own money for the beautification programme — until the Auditor exposed that public money was being, then you are left wondering,” he said.