Council of Governors chairperson Anne Waiguru (centre) with her colleagues during a past media briefing in Nairobi.
Governors have convened an emergency meeting this week to protest the continued holding of key devolved functions by the national government, further escalating a war President William Ruto had promised will end with his administration.
The Thursday meeting will bring together the Council of Governors Health, Trade and Housing committees—and 18 governors—who chair sections that are most affected.
Governors are not happy with the national government’s payment and organisation of the Community Health Promoters; how the national government is implementing the Housing Programme, implementation of the Markets Development Programme and the impact of three new health laws on devolution and their roles.
“The severity of these transgressions, particularly on health, housing and trade devolved functions, is escalating daily, notably through direct budget support for devolved functions channelled through National Government Ministries, Departments and agencies,” CoG Chief of Staff Mary Mwiti said in a letter to the 18 governors invited for the meeting.
On Friday, Deputy President Rigathi Gachagua launched the payment of Sh3 billion annually to community health promoters, rattling governors, with an initial agreement having settled on a payment fomular of Sh2,500 each, from the two levels.
At least 100,000 community health promoters have been recruited.
President William Ruto (centres) greets some of the 7,000 Community Health Promoters at Uhuru Park in Nairobi on September 25, 2023.
“This is a county function. As per the agreement, this is supposed to be a grant to counties, where both levels share the cost. The national government has hijacked the project,” lamented a county boss who didn’t want to be quoted.
Another county boss stated: “The law on how the conditional allocation and grant is still stuck in Parliament, yet the government is already rolling out the project. This is no longer a county project but that of the national government.”
Yet another one asked: “Why should the same exchequer pay someone twice? Why can’t they send the funds to counties as a conditional grant as has been proposed and want to pay them directly yet they didn’t recruit them.”
According to another source at the CoG, there is fear that the primary role of the CHPs which is to advance primary healthcare at the lowest level in the counties could be turned into a political campaign strategy, akin to what retired President Uhuru Kenyatta did with chiefs.
Council of Governors Chair Anne Waiguru (center) flanked by Governor Muthomi Njuki (left), Governor Fernandes Barasa (right) and fellow governors addresses journalists in Nairobi on January 19, 2024. Governors have opposed some sections of the Social Health Act
On Friday, Mr Gachagua praised the stipend roll out, saying it is intended to motivate the CHPs and recognise their vital role in the public health sector.
“You play a critical role in the success of UHC and you are a critical pillar in this intervention of primary health care. You are the unsung heroes having worked for many years without any administration thinking about you and your welfare. This (Kenya Kwanza administration) is the first administration to address your plight and recognise you,” Mr Gachagua said at the launch.
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Notably, no governor attended the DP’s function at his Karen official residence despite COG chairperson Anne Waiguru being invited.
“In cognition of the pivot role excellency governors play as Chief Executives of County governments, the DP herewith extends invitation to you to attend this hallmark event to mark this significant milestone in the UHC implementation. Kindly confirm attendance for planning purposes,” reads a letter signed by Mr Gachagua’s chief of staff Wanjiku Wakogi’.
Noticeably, the DP was only joined by national government officials, among them Health Cabinet Secretary Susan Nakhumicha, National Assembly Health Committee Chairperson Robert Pukose, MP Patrick Munene (Chuka-Igambang’ombe), and Nandi Woman Representative Cynthia Muge , as well as other national top government officials and partners.
Community health promoters follow proceedings during a public participation hearing over the proposed Social Health Insurance Fund (SHIF) in Nyeri town on February 8, 2024.
Besides the health docket problems, the governors have further accused the national government of deliberate involvement of MPs to roll out devolved programs and projects while disregarding counties.
Governors also waded into the untimely Disbursement of County Government Allocation (Danida), import of the three health Acts to the counties.
Parliament recently passed, and were assented to by President Ruto, the Social Health Insurance Act, the Primary Health Care Act, and Digital Health Act, all of which are to cement the Universal Healthcare programme.
A further problem is on the management of water.
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Mombasa Governor Abdulswamad Nassir accused Ministry of Water of overstepping its mandate.
Mr Nassir cited Schedule IV Section 11(b) which places the provision of water and sanitation services squarely on county governments.
Mombasa Governor Abdulswamad Nassir.
“The idea of the National Government implementing water projects in constituencies is unconstitutional and irregular,” Mr Nassir said on Friday during a consultative forum that brought together key stakeholders including the Senate, the CoG and National Government water agencies.
Mr Nassir warned that the matter would further create power struggles between Governors and MPs.
“If there are any extra resources, let them be channeled to the counties as Conditional Grants,” he advised.
The power squabbles come barely two days after the National Government released Sh3 billion stipends that will be shared to 107, 000 CHPs across the country.
The CHPs have been offering their services to the community for free for the last four months since the program was launched by President William Ruto at Uhuru Park, Nairobi.
