In a bold move underscoring the growing demand for accountability in Kenya’s devolved governance, the County Assembly of Isiolo has initiated proceedings against four Members of the County Assembly (MCAs) accused of persistent absenteeism.
Speaker Mohamed Roba Koto, a seasoned security expert and justice advocate, invoked key constitutional provisions to address what he described as a direct undermining of public representation.
This development, announced during a recent assembly session, highlights a nationwide challenge plaguing county legislatures, where absenteeism has led to stalled sessions, delayed legislation, and eroded public trust.
The announcement comes at a time when similar issues are rife across Kenya’s 47 counties, with recent reports revealing MCAs in Nyamira, Kericho, and Nandi facing suspensions or adjournments due to lack of quorum.
As devolution enters its second decade, such actions in Isiolo could set a precedent for stricter enforcement of attendance rules, ensuring that elected officials fulfill their mandates in representation, legislation, and oversight.
The Speaker’s Stern Warning and the Accused MCAs
During the assembly’s communication from the chair, Speaker Mohamed Roba Koto—holder of the Order of the Grand Warrior (OGW), a Certified Security Management Professional (CSMP(R)), and a member of the International Security Management Institute (M.ISMI)—formally invoked Article 194(1)(b) of the Kenyan Constitution and Standing Order 235 of the Isiolo County Assembly.
Koto, a former executive advisor to the Directorate of Criminal Investigations (DCI) and a counter-terrorism specialist, emphasized that “consistent absenteeism undermines the constitutional duty of representation, legislation, and oversight.”
He reiterated the assembly’s commitment to upholding the Constitution and its standing orders without compromise.
The implicated MCAs, each having missed at least eight sittings without written permission or a satisfactory explanation, include:
- Abdirashid Ali Diba – Representing Garbatulla Ward, a vast and arid region in Isiolo County known for its pastoralist communities and challenges like water scarcity and insecurity.
- David Lemantile – From Oldonyiro Ward, an area grappling with land disputes and conservation efforts amid the county’s rich wildlife heritage.
- Abdinor Dima Jillo – MCA for Kinna Ward, which borders Meru County and faces issues related to resource sharing and ethnic harmony.
- Rahima Abdikadir – A Special Elect Gender representative, nominated to ensure women’s voices in assembly deliberations, highlighting the irony of absenteeism in a role aimed at broadening inclusivity.
These absences, occurring within a 12-month period as stipulated by law, have prompted the referral of the matter to the Committee on House Business, Rules, and Privileges.
The committee is tasked with conducting an inquiry and submitting a report within 14 days, after which the assembly could recommend further actions, including potential vacation of seats.
Legal Framework: Decoding Article 194 and Standing Order 235
At the heart of this crackdown is Article 194(1)(b) of the Constitution of Kenya, 2010, which explicitly states: “The office of a member of a county assembly becomes vacant if, during any period of twelve months, the member is absent from eight sittings of the assembly without permission in writing from the speaker of the assembly and is unable to offer satisfactory explanation for the absence to the relevant committee.”
This provision is part of a broader chapter on devolved government, designed to ensure that county assemblies operate efficiently and accountably, mirroring the national Parliament’s standards.
Complementing this is Standing Order 235 of the Isiolo County Assembly, which mandates: “If, during any Session, a Member is absent from eight sittings of the Assembly without permission from the Speaker, the Committee on Powers and Privileges shall inquire into the absence and report its findings to the Assembly.”
This procedural rule, outlined in the assembly’s 2022 standing orders, provides a mechanism for investigation, allowing MCAs to present defenses before any punitive measures are taken.
Failure to justify absences could lead to the declaration of seats vacant, triggering by-elections and potentially reshaping the assembly’s political dynamics.
In Kenya’s devolved system, MCAs play a pivotal role as the grassroots lawmakers. Elected or nominated under Article 177, they are responsible for approving county budgets, enacting laws on local matters like health and agriculture, and overseeing executive functions to prevent misuse of public funds.
Absenteeism not only hampers these duties but also exacerbates governance gaps in counties like Isiolo, which spans over 25,000 square kilometers and serves a diverse population of Borana, Somali, Turkana, and Meru communities facing climate change, banditry, and infrastructure deficits.
Broader Implications and National Trends
Isiolo’s action is not isolated. Across Kenya, absenteeism has become a recurring headache for county assemblies. In Nyamira County, ten MCAs recently faced suspension risks following a report on chronic no-shows.
Kericho’s speaker threatened to declare five seats vacant, while Nandi’s assembly adjourned a staggering 22 times due to quorum issues. Even in Siaya, public petitions have demanded explanations for the absence of top officials, including the governor.
Experts argue that such trends stem from multiple factors: overlapping national and county roles for some politicians, personal business commitments, or even disillusionment with low remuneration amid high public expectations.
However, the consequences are dire—delayed service delivery, unscrutinized budgets, and heightened corruption risks.
In Isiolo, where devolution has brought improvements in roads and health facilities, sustained absenteeism could reverse these gains, alienating voters who elected these MCAs in the 2022 polls.
Speaker Koto’s background as a counter-terrorism expert and former DCI advisor adds weight to his stance.
Elected in 2022, he has positioned the assembly as a beacon of integrity, recently welcoming a new county commissioner and debunking fake notices in his name. His leadership emphasizes discipline, potentially inspiring reforms elsewhere.
What Lies Ahead: Accountability or Political Shake-Up?
As the Committee on House Business, Rules, and Privileges delves into the inquiry, the accused MCAs have an opportunity to provide explanations—perhaps citing health issues, security concerns in their wards, or official duties elsewhere.
If found wanting, their seats could be declared vacant under Article 194, paving the way for by-elections that might alter Isiolo’s political landscape.
This episode serves as a wake-up call for all Kenyan MCAs: public office demands unwavering commitment. For residents of Isiolo, it reinforces the promise of devolution—that local leaders must be present to address local needs.
As the 14-day clock ticks, all eyes are on the assembly to deliver justice swiftly and fairly, ensuring that representation remains more than just a title.
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