MCAs during a debating session. A lot of counties are also suffering a shortage of technical drafters which has also impacted on the quality of the Bills produced. PHOTO | FILE
What you need to know:
Latest devolution report notes that in most counties the poor quality of legislation enacted by the assemblies is attributed to the low levels or lack of literacy of some MCAs
Semi-literate members of county assemblies (MCAs) have been blamed for poor Bills and policies produced by county assemblies, some of which do not adhere to the Constitution.
The Commission for the Implementation of the Constitution (CIC) is now demanding a minimum one-year post-secondary education for ward representatives as it seeks to improve the quality of Bills.
The proposal to raise the education levels of MCAs comes months after Attorney General Githu Muigai and the Law Society of Kenya raised concerns over the quality of legislation in the counties.
“It was noted that in most counties the poor quality of legislation enacted by the assemblies is attributed to the low levels or lack of literacy of some MCAs,” the CIC said in its latest devolution report.
The provision for a minimum education level in the Elections Act was suspended for the March 2013 polls which saw MCAs who are semi-literate elected. Section 22 of the Act provides that to be elected a ward representative, one should hold a certificate, diploma or other post-secondary school qualification acquired after a period of at least three months study.
“Though the provision on educational requirements will be active in the next general election, CIC recommends that there is need to amend the subsection (b) of Section 22 to extend the period needed to acquire the post-secondary school qualification from three months to at least one year.”
Earlier this year LSK chairman Eric Mutua, said it was necessary to ensure that those who seek elected positions in the counties meet a certain level of academic qualification.
The sub-standard legislation has in some instances contained unrealistic expectations especially on revenues which hurts the county residents and businesses.
Among the proposed laws that have been termed unconstitutional include ward development fund Bills that involve MCAs in administration of money.
A lot of counties are also suffering a shortage of technical drafters which has also impacted on the quality of the Bills produced.
Drafters, usually lawyers, review Bills or draft them to conform to the existing laws.
“We recommend that the KLRC (Kenya Law Review Commission) enhance the support it is giving to the county assemblies in legislative development. This will naturally require additional funding to enhance the capacity of the Commission,” CIC said.
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