Devolution under Kenyas new 2010 Constitution has wide-ranging implications for the water sector.… Devolution in Kenya: Opportunities and Challenges for the Water Sector - Devolution Hub Home Kenyans are now having service delivery units that they can access as opposed to pleading with a Government that is in distant Nairobi. The Institute of Certified Public Accountants (ICPAK), a member of KEPSA Chairing the Devolution and Planning Sector Board, launched a Devolution Study Report titled; “The Public Finance Building Blocks and the Impact of Devolution in Kenya” on 27th October 2020 at the Safari Park Hotel. The process has seen a significant shift in the system of government bringing with it new players and new service delivery units that are closer to the people. So, what is the importance of devolution in Kenya? The 2010 Constitution of Kenya is a turning point in country’s history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. The Transitional Authority was also expected to gradually allocate functions to the counties based on their capacity to take up the functions they ask/apply for. h�ԕ�O�U���RJi��v�mѦc�0:;�iX+��G��+�!Á �Q�H�ҒR+� 0'�^;�I G(C��"#L4��G��͸l��%��s�)R�lZx���y��&/B���Y�G�9�$h�#A��!�Q�m���iH���-># �S��di��G����\-��H����#+��ٗ�'����h̪�W~{ԭ-�S�g���5�k���XNr�TuBIĪ���Σn�]��:*�7�Y)S:y! 496 0 obj <>stream If I was cynical enough, I’d say he was put there deliberately to paralyze the Authority. Delayed release of funds resulted in Counties not spending much on development during the first quarter. There’s been talk of the Authority deliberately being starved off cash to carry out its mandate and Governors have been openly calling for its dissolution. Governors: Of all the offices created by the new constitution, Governors arguably play the most important role in ensuring the success of devolution. What’s Next in Kenya’s Evolving Devolution Landscape? The transfer of functions was done haphazardly with little attention paid to capacity of counties to perform the functions allocated. As is the case with CDF, legislators ought to stick to their three functions of legislation, representation and oversight. The citizens have an important role to play in the new system and they have to be active in governance and holding the government to account. Your email address will not be published. Participation ensures the response of the government is relevant to your particular needs. Very well articulated . As is natural, the Senate has eyed roles performed by other institutions in an attempt to establish relevance in the game. Only T.A knows how this will be of help when Counties have already hired without much consideration of staff redeployment from the national level. %%EOF The citizens have an important role to play in the new system and they have to be active in governance and. Great piece. This First, it was to unbundle the functions assigned to each level of government under Schedule Four of Kenya’s constitution. After a war of attrition that bore no fruits with the stubborn National Assembly, the Senate has turned its guns towards the Governors. The Constitution of Kenya (2010)providesthe objectives of devolution: the promotion of ademocratic and accountable exercise of power; fosteringof national unity by recognizing diversity andgiving powers of self-governance to the people to enhance their participation in the exercise of the powers of the state and in making decisions affecting them. The Senate is facing a serious crisis. Thank you Franc. It has the potential to solve the social, political and economic problems that have held back this country from fulfilling her immense potential. A year down the line, some assessment is necessary to draw lessons as we move forward. All rights reserved. Delayed release of funds resulted in Counties not spending much on development during the first quarter. endstream endobj 460 0 obj <>>> endobj 461 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]/Properties<>>>/Rotate 0/TrimBox[0.0 0.0 496.063 708.661]/Type/Page>> endobj 462 0 obj <>stream Ominously, the Controller of Budget applied the same argument when she indicated that she won’t disburse ward development funds to MCA’s as this contradicts the doctrine of separation of powers. The Constitution recognizes that access to safe and sufficient water is a basic human right. The process has seen a significant shift in the system of government bringing with it new players and new service delivery units that are closer to the people. Devolution also seeks to have greater accountability and transparency in government. Devolution �A���E��hԱ�a�I�7�4���`kq�@M�ꦫ��t����W��E��F���`�~�'�|��g�#}�o-�����c�!�[ҽ�4���ֻt��c�JMƫ ���۵���l��+���I��i`����9zJTʗ'�\�b��Y��{�4���7%�+�[!��̙�3��qK�]Y������� This piece will highlight some of the threats devolution faces as well as the opportunities it presents. They’ve also tussled over the right to fly flags – a cheap, unnecessary attempt at exercising power – allegedly engaged in financial impropriety, engaged in petty sideshows and alienated the public with increase in taxes that lacked meaningful public participation. Most serious of this is the attempt to have the Equalization Fund managed by MP’s. It is about deepening sustainable … They have big budgets for service delivery relative to the defunct local government and hold the hopes of millions. While the County Governments have failed in providing for meaningful public participation, the citizens can’t escape blame as public participation fora have frequently seen poor attendance especially in urban areas. 900 million into more irrigation projects to arrest the food problems in the county.This is in addition to the Ksh410 million already allocated to agriculture in the county budget. Nor has there been any serious attempt to highlight how devolution is changing the lives of people across the country; people who’ve never known government for 50 years. The legality of a legislature implementing projects it is expected to offer oversight on is already being challenged in court with the on goingcase against the CDF fund. Vultures are already smelling blood and circling the Governors waiting to feast. Many of these activities have not gone according to plan which explains why there is still a lot of confusion surrounding the devolution process. The report released by the Auditor General and the subsequent calls for Governors to account for the money spent is also a positive step towards accountable governance. Most serious of this is the attempt to have the Equalization Fund managed by MP’s. A number of key steps have been taken as part of the constitutionally prescribed three year roll-out plan for devolved government. It provides a consolidated … Missteps during the first year can be excused but people won’t be patient for long. It was created to protect devolution but wasn’t given much to do in that regard. County Governments adhered to the law when they responded to the Controller of Budgets’ (CoB) recommendations that they revise their budgets before accessing funds. The National Assembly Members need to perform their roles and wait for the next electoral cycle if they want powers mandated to other Constitutional offices. When all is said and done, devolution holds great promise for this country and requires the input of all in society if is to be implemented successfully. The attempt to create a County Development Board chaired by the Senator is the Senate’s way of getting a say in development projects at the County. It also assigns responsibility for water supply and sanitation provision to 47 newly established counties. The chance to have government that is close to the people and responds to their needs is something that many Kenyans have been waiting to have since independence. Many counties are making some notable efforts in having running websites which are well updated with timely information. The agony the non-performers could have gone through makes one to ultimately roll up their sleeves and work .. You’re right Arnold, the Assemblies will be key in Counties meeting their development agenda. National Assembly: The National Assembly has been the institution most affected by the new order. They’ve also tussled over the right to fly flags – a cheap, unnecessary attempt at exercising power – allegedly engaged in financial impropriety, engaged in petty sideshows and alienated the public with increase in taxes that lacked meaningful public participation. The County Assemblies have a big role to play in not only oversight but also in approving various County Government issues like budgets , vetting and approval of County Constitution office holders (county Executive Members and Chief officers ). Devolution as we have it was designed to address the excesses of a centralized government through dispersing of power. • Use of funds at the County level has also seen adherence to law and accountability that is not as evident at the national level. As is natural, the Senate has eyed roles performed by other institutions in an attempt to establish relevance in the game. They need to find a better way to establish their relevance. There’s been limited attempt to educate the citizenry on this paradigm shift in governance and what it means for the country. Devolution is the new struggle for Kenya after restoration of pluralism and promulgation of the new Constitution. They should have gone activist on sensing resistance. T.A was to carry out several key activities for a coordinated transition. Senators: The Senate is facing a serious crisis. The attempt to create a County Development Board chaired by the Senator is the Senate’s way of getting a say in development projects at the County. Your email address will not be published. Crucially, devolution that works for the people of Kenya means doing more to tackle corruption at the county level, in line with the national anti-corruption campaign led by President Kenyatta. The need to comply with the law explains why more than half the counties did not spend a single dime on development in the first quarter as per the CoB’s report. While the County Governments have failed in providing for meaningful public participation, the citizens can’t escape blame as public participation fora have frequently seen poor attendance especially in urban areas. Without meaningful public participation, there’s bound to be a disparity between the needs of the people and solutions provided, hence resistance. For instance, the County Assembly of Uasin Gishu called each “Minister”(CEC Member) to defend their record on the achievements since they were sworn in . Devolution holds great promise for Kenyans but faces many challenges. It also recalibrated the powers between executive, legislative and judicial branches. implementation of devolution in Kenya is the core driving force which informed the quest for this study to be able to understand the experience of other countries on the same. Looking into devolution and, specifically, the devolved functions, there are opportunities enterprises both from KCIC and elsewhere could leverage on: Agriculture. Devolution poses substantial opportunities and risks in any country undertaking reforms, but the stakes are arguably even higher in Kenya than in most other African countries. the objectives of devolution in Kenya . As is the case with CDF, legislators ought to stick to their three functions of legislation, representation and oversight. The President’s directive to have every function devolved at once didn’t help matters. 459 0 obj <> endobj 5. The important aspect here is government that is close enough to understand the unique needs of people and adequately respond to them. This will be achieved through the objectives of devolution (Article 174) as follows: '[�mW�;��V��S����M����ny�mʉS>m������n����|�c�3ڹ���}Q#;���no;&�S The Transitional Authority was also expected to gradually allocate functions to the counties based on their capacity to take up the functions they ask/apply for. This was reported out of context by the media with Governors accused of not prioritizing development (more on the media later). The objects of the devolution of government are--(a) to promote democratic and accountable exercise of power; (b) to foster national unity by recognising diversity; (c) to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; But of course they picked a guy more worried about salary than posterity for a reason. Being the inaugural Governors, they have a dual role to play. 0 Traditional dancers entertain guests during the first annual Devolution Conference. It is a critical component of society that has the potential to build or destroy the society. This study examines the challenges and opportunities of decentralized political systems with special reference to Kenya‟s new devolved political structure. Access to information is important if the principle of transparency and public participation in government is to be realized. Senate needs to re-think this self-defeatist approach that sees pillars of devolution engaged in attrition that weakens the process as a whole. Devolution and the Big Four, opportunities and Challenges ... there are changes at the county level which show that the Constitution that Kenya adopted in 2010 has brought some changes. Instead, we have feature after feature on who is fighting who, who is stealing what (transparency notwithstanding) and hysterical stories of Counties appointing ‘Ambassadors’ and what not. Senate needs to re-think this self-defeatist approach that sees pillars of devolution engaged in attrition that weakens the process as a whole. They have thus set about to ‘tame Governors’ with all sorts of antics. Despite the promise it brings, devolution faces various challenges and threats that need to be addressed if the process is to deliver and survive for the long haul. The one-week event seeks to discuss various achievements made within the past year. This is due to two factors. Having been the main custodian of development and go-to people for all problems their constituents may have had, Members of the National Assembly have not taken kindly to having an alternative source of leadership for the people. Advantages of Devolution in Kenya. County Governments were also left to their own devices in coming up with budgets which explains the confusion and reluctance by the CoB in releasing funds to Counties whose budgets didn’t comply with the set legal framework. Implementation of projects is a reserve of the Executive as per the dictum of separation of powers. �۬���"�өŠ�e]�)��8�h� �~�Z � �\��]-uPy7'v���S���X��N���cx�� �7��R1�� ��>�u>�ch)�^m/������� ��4��1n��Y���hf_zk�ЬX� ڋ�֌ee`h x��@�Fd�Kƣ���)Ã�n �e^#�IU���a/I�jtS�|Y�_���u����ڽ\3gZƽx{�1>��|��x����C�R��3���LrH���Lnہ��CJ�Py��e"9���s�j�}�|�Ո/T�&(����^��p����X�"~+�׺��F��G�O���gtp�����ë��\���v�, R�i78�u+U��xi'@�a�"���CEP��hf����^�um������I �s>�m 2���Q�KZx� 8��'��F�!��aA��I�C�g^$.C���4+ )��l��HK|q���0�=F���DaOb�����)���@�6*�K���4$�6�_�S}�b;�RFQ Devolution in Kenya. Devolution is a form of decentralization or the transfer of authority and responsibility from central to lower levels of government for a range of public functions. Supports Economic and Social Growth Vultures are already smelling blood and circling the Governors waiting to feast. Despite these positives, devolution has had to face a lot of criticism. Not too crazy to think it was set up to fail. Ominously, the Controller of Budget applied the same argument when she indicated that she won’t disburse ward development funds to MCA’s as this contradicts the doctrine of separation of powers. If well implemented, devolution can ensure each county determines its development agenda and reduce the zero-sum political competition at the national level. In fact, Article 174 of the Constitution of Kenya outlines clearly the objectives of a devolved government. The political ideological benefits that underpins the Jumuiya ya Kaunti za Pwani (political decentralisation)With the advent of devolution, there has been a lot of public participation that has enabled different political parties, civil society organisation, and the public to participate fully in the political and economic development at the national and county level.When the citizens elect … From the need for equal distribution of resources and powers to public participation, here are some of the advantages of decentralization in Kenya. Been getting such negative views about the Authority as a whole beyond their failure in executing their mandate. Being the inaugural Governors, they have a dual role to play. • In 2013, Kenya transitioned into a devolved system of governance comprising two levels: the national government and 47 semiautonomous county governments. Notify me of follow-up comments by email. They have big budgets for service delivery relative to the defunct local government and hold the hopes of millions. Devolution is one of the creatures of the Constitution of Kenya, 2010, provided for in Chapter 11 thereof. An explorer, an infomaniac and a hippie. 61 Part of the rationale of devolution, it can be argued, was precisely to increase rent-seeking opportunities for losing elites and patronage opportunities for traditionally marginalized groups. The following institutions in one way or another are threatening this process at a crucial stage where it needs nurturing and support from all quarters: 1. There have already been calls by a minority to do away with the process due to the actions of a few. Below are best places to get industrial attachment opportunities in Kenya for continuing students. The transfer of functions was done haphazardly with little attention paid to capacity of counties to perform the functions allocated. 2. Not only are they entrusted to respond to the needs of the citizens but they hold the key to how the country will perceive devolution and whether it will survive beyond its initial years. With such a crucial mandate and the way it has gone about doing its work, the T.A is arguably the institution that has failed devolution most. Citizens have an important role to play in the system. Ghai (Reference Ghai 2008) observes that devolution in Kenya has the potential to de-ethnicize the state and democratize the society because political competition is not focused on one office, as had been the case under the centralized executive. County Governments were also left to their own devices in coming up with budgets which explains the confusion and reluctance by the CoB in releasing funds to Counties whose budgets didn’t comply with the set legal framework. In general, most of the confusion surrounding devolution is as a result of failure by the Authority to carry out its function, deliberately or otherwise. Governors need to take a step back and re-asses their approach to the whole devolution process. They greedily agreed to have all functions devolved at once as ordered by the President without considering their capacity to deliver. It is telling that one year down the line, no media has an in-house devolution expert or journalists dedicated to covering devolution stories despite this being the most significant political change in the country since independence. 3. Many counties are making some notable efforts in having running websites which are well updated with timely information. They greedily agreed to have all functions devolved at once as ordered by the President without considering their capacity to deliver. Devolution has been received in the sub- counties with much appreciation due to its direct benefits to the citizens. Access to information is important if the principle of transparency and public participation in government is to be realized. This would assist in determining how much revenue is devolved and what remains at the national level. Governors need to take a step back and re-asses their approach to the whole devolution process. The 6th Annual Devolution Conference kicked off yesterday at Kirinyaga University, Kirinyaga County. The devolution of governance brought about by the Constitution of Kenya (2010) has witnessed a dramatic first year of implementation. Click here for instructions on how to enable JavaScript in your browser. The media in Kenya have failed in many aspects as highlighted here and they continue to do so where devolution is concerned. So far, Governors have wasted no chance in shooting themselves in the foot. 479 0 obj <>/Filter/FlateDecode/ID[]/Index[459 38]/Info 458 0 R/Length 99/Prev 760384/Root 460 0 R/Size 497/Type/XRef/W[1 2 1]>>stream On the staff audit, the T.A last month released the ‘Counties Human Resource Report‘, a whole year after devolution started. Other crucial functions included facilitation in development of County budgets during the first year of devolution and carrying out an audit of existing human resource of the Government and local authorities to advise the deployment of staff at either level of government. The devolution of governance brought about by the Constitution of Kenya (2010) has witnessed a dramatic first year of implementation. Many of these activities have not gone according to plan which explains why there is still a lot of confusion surrounding the devolution process. Quite encouraging to hear the case of Uasin Gishu Assembly exerting its authority for the benefit of the County. Missteps during the first year can be excused but people won’t be patient for long. The Citizen: As stated earlier, devolution anticipates greater representation and inclusion in decision-making. I think you hit the nail on the head sir, we all have a part to play to ensure that devolution works, TA messed up majorly. Devolution in Kenya: Opportunities and Challenges for the Water Sector September 2013 KEY FINDINGS Devolution under Kenya’s new 2010 Constitution has wide-ranging implications for the water sector. h�bbd``b`�i@��=�`� $v >5KĚ"n �% �/ �&����@��H�� 2�E HH� ��L�� u�T"�3|0 ^�M Hailed as the great compromise of Kenya’s new (2010) Constitution, devolution was one of the hallmarks of the transition from a previously centralized political system, which was largely blamed for vast inequality, exclusion and deep divisions in Kenyan society. So far, the media has thrived on sensationalism portraying the whole devolution process as a tug of war between the national and county governments on one hand and Constitutional office holders on the other. Click here for instructions on how to enable JavaScript in your browser. %PDF-1.5 %���� Devolution under Kenya’s new 2010 Constitution has wide-ranging implications for the water sector. They have massive role to play. *The promulgation of Kenya's Constitution in 2010 enunciated a plethora of reforms key amongst them being; devolution of various sectors including agriculture. Devolution of Agriculture In Kenya: A Reality or Nonsense On Stilts? The National Assembly Members need to perform their roles and wait for the next electoral cycle if they want powers mandated to other Constitutional offices. The Transition Authority is a body created to midwife the process of devolving governance. A case in point is the Finance Acts passed in many counties that saw protests by citizens. Secondly, T.A was to come up with the cost of delivering the different functions at each level of Government. Other counties such as Nyandarua , TaitaTaveta and Kisii also have some modestly populated website with quality information for the public.While counties have a long way to go, these steps to open up and increase access to information need to be appreciated as it could lead to a culture of transparency across all levels of government in time. The legality of a legislature implementing projects it is expected to offer oversight on is already being challenged in court with the on goingcase against the CDF fund. Some things get you so worked up you feel like pulling off your hair. Since the inception of devolution, County Governments have put forth efforts and programs geared towards improvement of agriculture in the regions. gains of devolution In Turkana County, devolution is viewed as a blessing for the forgotten people of Turkana. A case in point is the Finance Acts passed in many counties that saw protests by citizens. I got tired of wanting to read detailed, long form articles on various topics that interest me so I decided to write about them. Secondly, T.A was to come up with the cost of delivering the different functions at each level of Government. What we’ve ended up with is a Senate with experienced politicians who have nothing much to do. This will pave the way to do away with the process should a referendum on the same come up. Required fields are marked *. First, it was to unbundle the functions assigned to each level of government under Schedule Four of Kenya’s constitution. The County recently announced that it had revived 3 irrigation schemes along River Daua and had put in Ksh. 4. On the staff audit, the T.A last month released the ‘, The media plays a crucial role in informing the people and influencing their decisions. My username is an ode to the last two known members of my family tree which goes back 11 generations. The media in Kenya have failed in many aspects as highlighted, As stated earlier, devolution anticipates greater representation and inclusion in decision-making. It is futile to call for government to be brought closer to the people then ignore the process of governance once it has been devolved. T.A was to carry out several key activities for a coordinated transition. In order to post comments, please make sure JavaScript and Cookies are enabled, and reload the page. However i feel a big ‘hole’-MCAs. If they are not careful, the media will play a role in poisoning the minds of citizens and creating cynicism towards devolution. Machakos County has been in the news for all the good reasons since the County government came into place. 6. As has been argued before, the Senate cannot be in charge of development projects at the County level and expected to offer oversight on itself. h޼��r�6ǟ��t�%xs&�Y�c��*9vR�`�X�IБ���Hn)J�C����ᏵZ�bn��0���-J],[!f�2>��10XfB슆n1�q�&���s��8�#����[�8��,�)r�xT����gwp���Z&� 8�4��z�C6Y-��.�*�{��f��U�ryu�8{LU��ṨѴ�p�2�p4S�J( ���ʩ鷿O�ױ,�� �bz"��D���П�j(��������� �������p� �p �n�#|"�ʪEB�. Implementation of projects is a reserve of the Executive as per the dictum of separation of powers. They have thus set about to ‘tame Governors’ with all sorts of antics. Not only are they entrusted to respond to the needs of the citizens but they hold the key to how the country will perceive devolution and whether it will survive beyond its initial years. Participation ensures the response of the government is relevant to your particular needs. Citizens have an important role to play in the system. This includes participation in legislation as well as in development of County Development Plans. “One of the objectives of devolution is to promote social and economic development and provision of proximate, easily accessible service throughout Kenya. The actions and utterances of key institutions and players threaten the process and have to be checked. The investment in rain water harvesting tanks in all 695 primary schools in the county is a welcome move in water provision in the semi-arid county. It is a fully devolved function. The Constitution recognizes that access to safe and sufficient water is … The upcoming Devolution Conference in April will provide a forum where all relevant stakeholders will sit down and take stock of the process while ironing out whatever differences they have. This would assist in determining how much revenue is devolved and what remains at the national level.
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