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DEVOLVED GOVERNMENT.
Devolution This refers to the granting of power from the central government to a lower level such as a region or a local level.
A ‘Devolved Government’
is a system of government where there is a transfer or
allocation of authority from a central government to a regional government. In a
devolved government, power and resources are decentralized with part of the political and economic decision making transferred to the people through the locally established assemblies.
Origin of devolution in Kenya.
The Lancaster House Conference of 1962 forms the basis of devolution in Kenya. When the independent constitution was drawn during the conference, a federal system of government as proposed by the KADU delegates was adopted in Kenya. It made
provisions for six regions. The legislature was to comprise two chambers (the Senate or upper House and the Lower House
However after independence in 1963, the Kenyatta Government began plans to scuttle the system of government. By December 1964, KANU and KADU merged to form a unitary government of the republic of Kenya.
The enactment of the new constitution on 27th August 2010 reintroduced the concept of devolution in Kenya.
Kenya is divided into 47 Counties each governed by A County Governor with the
assistance of the County Executive Assembly. The National Government seats in Nairobi. To change County Boundaries, the Following must be considered;
a)
Population density and demographic trends.
b)
Physical and Human infrastructure.
c)
Historical and Cultural Ties.
d)
The cost of administration.
e)
The Views of the communities affected.
f)
The objectives of devolution of government.
g)
Geographical features.
Reasons why devolved governments were established in Kenya.
a)
They were established as a means of promoting democratic and accountable
exercise of power.
b)
To Foster national unity by recognizing 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.
d)
To recognize the right of communities to manage their own affairs and to further
their development.
e)
To protect and promote the interests and rights of minorities and marginalized
communities.
f)
To promote social and economic development and the provision of services
throughout Kenya.
g)
To ensure equitable sharing of national and local resources throughout Kenya.
h)
To facilitate the decentralization of State organs, their functions and services, from
the capital of Kenya
i) To enhance checks, balances and the separation of powers.
Principles of devolution of government in Kenya.
a)
County governments shall be based on the democratic principles and separation of
power.
b)
County governments shall have reliable sources of revenue to enable them to
govern and deliver services effectively.
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c)
No more than two-thirds of the members of representative bodies in each county
government shall be of the same gender.
Structure and Functions of a county government in Kenya.
The county government is composed of County assemblies, county executive committees and county public service.
County Assembly in Kenya.
A county assembly consists of Members (one member per ward) elected by the registered voters of the wards in a general election.
Members of special seats (no more than two-thirds of the membership of the assembly is of the same gender.)
Members of marginalized groups, including persons with disabilities and the youth. The Speaker, who is an ex officio member.
Nb-The members for special seats and marginalized communities are nominated by
political parties in proportion to the seats received in the election in a particular county.
Conditions for seeking election to a County Assembly.
a)
The person must be a registered as a voter in his/her county.
b)
The person must have been a Kenyan citizen for atleast ten years before the
elections.
c)
The person must be able to read and write in English and Kiswahili.
d)
He or she must be of sound mind.
e)
The person must be of unquestionable morals and ethics
f)
If a public officer, he/she must relinquish his/her public work.
g)
The person must be nominated by a political party
h)
If he/she is an independent candidate, must be supported by at least five hundred
registered voters in the Ward concerned.
i) The person must not have been declared bankrupt.
j) The person must not have served a sentence of imprisonment of more than six
months.
k)
Must not have been a member of IBEC within five years before the date of election. l) The person must not have misused or abused a State or public office.
Functions of a county assembly.
a)
County assemblies make laws for the effective performance of the county
government.
b)
It acts as a watch dog over the county executive committee.
c)
It receives and approves plans and policies for managing and exploiting the county’s
resources,
d)
It approves policies for developing and managing the infrastructure and institutions
in the county.
e)
It enhances legislation that may set out the structure and framework for the better
administration and management of county governments.
f)
It approves oversight budgets and development projects within the county.
g)
It approves investment decisions and loans.
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h)
It supervises other units within the county through political authority, guidance and
direction.
i) Monitors the execution of projects under approved development plans, and
assesses and evaluates their impact on development in the county.
The process of law making in a county government.
It is the duty of the County Executive committee, comprising of the governor, the
deputy governor and ten other members to draft the details of the proposed legislation with no bias.
The public servants in the county governor’s office participate in preparation of the proposed law.
The county executive committee then presents the proposed legislation to the county Assembly.
The members of the county assembly are then free to make their contributions to the bill during the discussion and debate that follows.
Amendments and improvements may be proposed to the bill at this stage. The recommendations are incorporated
If the members are in favour of the bill, and if it is in conformity with the National Government legislation, then it is approved to become a by-law of the county
government
The structure of The County Executive Committee.
The executive authority of the county is vested in the county executive committee. The committee consists of The county Governor and the Deputy County Governor. Not more than ten other Members appointed by the County Governor, with the
approval of the assembly, who are not members of the assembly.
If the assembly has less than thirty members, the members should be One-third of the number of members of the county assembly.
The county governor and the deputy county governor are the chief executive and deputy chief executive of the county respectively.
Members of a county executive committee are accountable to the county governor for the performance of their functions and exercise of their powers.
The members of the county executive committee cease to hold office once the office of the county governor falls vacant.
Functions of a County Executive Committee.
a)
It implements county legislation.
b)
It implements, within the county, national legislation.
c)
It manages and coordinates the functions of the county administration and its
departments.
d)
It prepares proposed legislation for consideration by the county assembly.
e)
It provides the county assembly with full and regular reports on matters relating to
the county.
Powers and functions of a governor in a county government.
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a) The Governor is the chief executive officer of the county. The Executive Branch of
government, headed by the Governor, includes executive departments and advisory
boards.
b) The Governor is the Chairman of county executive committee.
c) he/ she is in charge of implementing , within the county, national legislation to the
extent that the legislation so requires;
d) He ensures, through the county executive committee, the implementation of county
legislation.
e) He manages and coordinates the functions of the county administration and its
departments.
f) He provides the county assembly with full and regular reports on matters relating to
the county.
g) He appoints with the approval of the assembly members, members to the county
executive committee.
h) He ensures that Members of a county executive committee perform their functions
and exercise of their powers fully.
i) He handles on behalf of the county, all external affairs with other counties in
consultation with the central government. (Excluding any which have been
delegated to cabinet secretaries.).
j) The Governor prepares and submits a budget of the county for the following fiscal
year.
k) He sets the terms and conditions of service of persons holding or acting in public
offices in the county.
l) By virtue of his office, the Governor serves on certain boards and special
commissions in the county. The Governor chairs the Board of Public Works.
Election of a county governor.
The county governor is directly elected by the voters registered in the county at a general election for a term of 5 years.
To be eligible for election as county governor, a person must be eligible for election as a member of the county assembly.
Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.
If re-elected, can serve for another final term of 5 years.
Each candidate for election as county governor nominates a person as his/her running mate to be the deputy governor.
A County Governor can be removed from office under the following circumstances.
a)
Gross violation of the Constitution or any other law.
b)
When the county governor commits a crime under national or international law.
c)
When the governor abuses office or is accused of gross misconduct.
d)
When he/she suffers from Physical or mental incapacity that hinders
performance of the functions of office.
Functions of a deputy governor.
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a)
As the deputy chief executive of the county, he or she assists the governor in the
management and coordination of the functions of the county administration.
b)
He or she acts as the governor of the county when the governor is absent.
c)
The deputy assists the governor in the supervision of work of the county executive
committee.
d)
Since he/she is a member of the county executive committee, he participates in
legislation by also preparing proposals for county legislation.
e)
He assumes governorship of the county incase the governor is incapacitated or is
removed from authority for various reasons.
Functions and powers of a county government.
a)
County governments have the duty to assist in promotion of agriculture by initiating
development in specific areas like crop and animal husbandry, livestock sale yards,
slaughterhouses control of plant and animal diseases and development of fisheries.
b)
It provides and supervises county health services, both public health and personal
health of county members.
c)
It assists in control of environmental pollution by putting in place legislation to
regulate and control air pollution, noise pollution and outdoor advertising.
d)
It promotes cultural activities, public entertainment and public amenities ion the
county by putting in place structures such as libraries, museums, sporting facilities,
casinos, beaches and county parks.
e)
It has a duty to promote and regulate education at the pre-primary, polytechnic,
craft and childcare levels.
f)
It has a duty to develop transport facilities in the county through road construction,
street lighting, developing ferries and harbours and parking areas.
g)
The county government regulates county planning and development through land
survey and mapping, boundaries, housing, electricity, gas and energy regulation.
h)
It implements specific national government policies on natural resources and
environmental conservation.
i) It also puts in place measures to control drug abuse and access to pornography.
Relationship between national and county government.
a)
Governments at either level must exercise their powers and functions in a manner
that respects the functional and institutional integrity of government at the other
level.
b)
Each of the two governments must assist, support, consult and implement the
legislation of the other level of government.
c)
Either of the two governments must liaise with government at the other level for the
purpose of exchanging information, coordinating policies and administration and
enhancing capacity.
d)
Governments at each level or different level should co-operate in the performance
of functions and exercise of powers.
e)
In any dispute between governments, reasonable efforts to settle dispute should be
made.
f)
County governments rely on Procedures provided under national legislation in
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settling intergovernmental disputes between them.
g)
Parliament at national level has the role of ensuring that county governments have
adequate support to enable them to perform their functions.
h)
County governments must operate financial management systems that comply with
any requirements prescribed by national legislation.
i) National government is permitted to take any measure on county government
provided that Notice must be given to county government.
j) Where a county government is unable to perform its functions, or does not operate
a financial management system that complies with national legislation
requirements, the national government may intervene.
Challenges facing county governments in Kenya.
a)
County governments have inadequate funds. Some are located in areas of limited
resources. This impedes provision of essential services. Some are too small to
operate efficiently.
b)
Corruption and misappropriation of funds is common in most counties. This is
because those vested with the management powers do not have experience since the appointment of governors is through popular vote.
c)
Rural -urban migration is likely to generate population pressure in urban based
counties like Nairobi city and Mombasa. urban problems like mushrooming of slums, poor garbage disposal and insufficient sanitary facilities arise.
d)
There is likely to be national government interference in the affairs and
management of county legislation. This hinders free decision-making.
e)
Election of ward members to manage ward affairs may hamper operations of the
counties especially in legislation.
Possible solutions to the challenges that may face county governments in Kenya.
a)
The National governments through the Equalization Fund should be able to provide
adequate financial support to County governments located in areas of limited
resources. This will assist in provision of essential services.
b)
Those counties that are too small to operate efficiently should be merged with
others in terms of social service delivery.
c)
There should be stricter vetting of candidates to vie for positions of county
Governors and deputy county Governors in order the possible challenge of financial management and corruption.
d)
Urban-based counties should be given more funding by the National Government to
enable them solve urban related problems.
e)
The National government should come up with means on how to curb Rural -urban
migration. This may be done through creation of employment generating
opportunities in rural counties.
f)
The county governments, especially those that are in economically viable areas
should be given financial autonomy and a free-hand in decision making, by the
national government.
