Nairobi — The Kenya government has put a strong defence against the dissolution of Provincial Administration describing it as the pillar of government through its coordination machinery.

The government says if provincial administration were to be scrapped as proposed in the harmonised draft constitution, then state functions would be thrown into complete disarray.

Minister for Internal Security and Provincial administration told the Committee of Experts that if the document is enacted, no alternative has been provided which is capable of serving Kenyans and the executive authority impartially.

The Office of the President insisted that in the distribution of functions between national government and devolved governments, no tested and proved alternative to Provincial Administration was provided, therefore creating the weakest link in achieving state objectives.

In a memorandum presented on Tuesday to the CoE on the last day to the Thursday deadline, all the 17 functions such as Immigration and citizenship, religion and state, promotion of official and local languages, national defence, national security, national economic policy, courts and administration of justice, labour, education, sports and population depended on the cascaded role of provincial administration to the grass roots.

The defence is hinged on strong build up raised by Head of Public Service Francis Muthaura, Permanent Secretary Francis Kimemia, Prof Saitoti, some Members of Parliament and the Union of Kenya Civil Servants.

Amb Muthaura said that the Provincial Administration "plays a pivotal role in the running government affairs especially at the grass root levels, hence the need to continue having it in place."

The draft states in part: "Upon the holding of elections, the system of administration commonly known as the Provincial Administration shall stand dissolved and the national government shall restructure its administrative arrangements to accord with and respect the system of devolved government established under this Constitution.

Energy Minister Kiraitu Murungi, who joined Amb Muthaura in addressing professionals at the Chuka University College, said he too "supports the existence of the Provincial Administration."

The Imenti South Member of Parliament said he was "opposed to it when he was in the Opposition but has since realised its importance."

"The Provincial Administration has been tested through history and proved to be viable, we can not afford to do without it," Mr Kimemia said at a passing out parade for senior Administration Police officers at their Embakasi College in Nairobi.

While the Prime Minister Raila Odinga asked civil servants not to participate in the 30 days presentations, the top brass of public servants went a head to poke holes in the harmonised draft which totally ignored the security arm of provincial administration, the Administration Police among the national security organs.

Odinga has protested a move by the Head of Civil Service Francis Muthaura to directly involve senior civil servants in the debate on constitution review.

In a letter to the Grand Coalition Management Committee, Raila says civil servants should not be compelled to present their views on the Harmonised Draft Constitution.

"I advise you take immediate action to prevent public servants from being compelled to present their views on the Harmonised Draft Constitution," Raila's letter says in part.

"Even the Bomas draft and Kilifi draft recognised the existence of the AP force as a separate entity from the Police Service Commission. It has never been a contentious issue, so how come the CoE belittled the role that organ is playing in enhancing national security," Director of Provincial Administration Mr Victor Okioma said.

Union of Kenya Civil Servants Secretary General Mr Tom Odege said the transition from provincial administration to the non existent alternative is vague and amounts to abolition of offices.

"The draft is quite on the fate of the administrators and their role in the counties. This item if not handled with clarity, we as leaders of the workers shall resist the passing of the draft unless the fate of our members is taken care of," Mr Odege said.

He questioned the objection of the PM for civil servants to air their views when the constitution will be for all Kenyans and they must all participate in shaping the destiny.

"With due respect to the PM, I agree that civil servants must be independent to the existent of ceasing to be human beings but for the constitutional life, even the just delivered babies as Kenyan citizens should voice their right to life," the secretary general explained.

Mr Kimemia gave an elaborate defence of the Provincial Administration and how they became to the successive regimes when their stability were threatened.

"The late President Kenyatta, retired President Moi and President have all tasted the loyalty and effectiveness of provincial administration when national stability, unity and cohesion was threatened," he told newly appointed district commissioners recently.

Citing the 1966 fallout between President Kenyatta and the late Jaramogi Oginga Odinga, 1982 coup and the 2007 post elections violence, Mr Kimemia said provincial administration remained the only effective tool for reconciliation and national healing.

They however support a modernised system devoid of dictatorial, corrupt and illiterate officers from the Assistant Chiefs to Provincial Commissioners. Most of the reasons cited in the memorandum include the systems permeation to the grassroots, officers handling of security, arbitration on wide ranging public shauris, link to the executive authority that cascades to the village, paralegal support, dissemination of government policy and functions, maintenance of law and order among others.

"A typical example is the fallout between Rift Valley leaders and the PM, those Kenyans in that region still need the services of the PM and his visits to the region has been the duty of provincial administration to coordinate. They are impartial and no elected leader is capable of handling cases without bias. Those counties and elected leaders are a recipe for chaos," Mr Odege said.

In the memorandum the OP, said provincial administrators perform delegated duties from the executive authority and coordinating all government ministries from the national to sub locations of the countries.