Africa-Press – Kenya. Village elders could soon be on the state payroll if MPs approve a proposed law making them part of the National government coordination units. A bill sponsored by Malava MP Malulu Injendi seeks to create a village unit comprising of the elders as part of the National government service delivery unit.
The proposed units are poised to be created in line with the law which creates service delivery coordination units for handling National government functions. The National Government Coordination (Amendment) Bill, 2023, proposes the creation of village councils headed by a village administrator.
“The National government shall in respect of every village unit establish village councils headed by a village administrator, and appoint such village elders to the village council as may be necessary for purposes of coordination of National government functions,” the Bill reads.
Injendi says the offices be created in cognisance of the requirements set out in the establishment of village councils and appointment of village elders as set out in the County Government Act, 2012.
Section 53 of the counties law puts in place in each village unit, a village council headed by a village administrator. The village administrator is designated as the chairperson of the village council, which has “not less than three and not more than five village elders.”
It is required that the elders are competitively appointed by the village administrator with the approval of the county assembly, “taking into account gender balance.”
Injendi, in the proposed law, seeks to provide that the National government shall ensure the establishment of the councils is in line with the counties law. Should MPs approve the proposal, the Public Service Commission would appoint a village administrator in respect of each village unit.
The village administrator would be the lowest cadre of the NGAO offices, to add to county commissioners for every county, deputy county commissioner for each subcounty, assistant county commissioner for every ward, chiefs, and assistant chiefs.
“The village elders shall be paid such allowances as may be determined by the Public Service Commission,” the proposed law says. Injendi said the aim of the Bill published on June 5, is to recognise the village elders who perform National government functions in village units.
“In accordance with Section 14 )3) of the National Government Coordination Act, National government service delivery coordination units should mirror the decentralised units established under Section 48 of the County Governments Act, 2012,” the MP said in the Bill’s memorandum.
He added, “It is notable that village units are part of those decentralised units envisaged under Section 48 but these units are not recognised under the National Government Coordination Act.”
Injendi said the changes follow that the NGAO law does not recognise village administrators and village elders “who are the administrative officers in charge of village units.”
“They perform key National government roles within the village units and thus deserve recognition and compensation,” the MP said. Interior ministry data shows that there are slightly above 9,000 sub-locations in the 47 counties.
It is, however, hard to tell the exact number of village elders who are likely to benefit from the proposal as not all sub-locations have the same number of villages.
When the legislative proposal was before the Budget Committee, MPs proposed that owing to the difficulty in ascertaining the exact number, the councils could have three people paid an allowance for a maximum of three sittings a month.
The counties law states that a village council shall be responsible for ensuring and coordinating the participation of the village unit in governance.
The council should also assist in boosting participation in governance at the local level as well as monitoring the implementation of policies at the village unit. The council is also to advise the ward administrator and subcounty administrator on matters pertaining to the village.
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