Scrap CDF, governors now demand
The Constituency Development Fund is among the kitties governors want abolished.
In the latest biannual report by the Council of Governors (CoG), the county bosses want the fund that is currently administered by Members of Parliament, to be abolished and replaced with the ward development fund.
They claim the kitty in its current form is unconstitutional because it undermines devolution.
“The CDF idea was only relevant before the advent of devolution,” says the report.
The governors also want the Rural Electrification Programme and the Road Maintenance Levy Fund scrapped and their functions assigned to county governments.
They also want road authorities to operate under county governments, arguing that their responsibilities fall under the jurisdiction of counties.
“Parastatals such as Kenya Rural Roads Authority, Kenya Urban Roads Authority and Regional Development Authorities continue to undertake county government functions in total disregard of the spirit and the letter of the Constitution,” says the report released on Wednesday.
CoG Secretary Ken Lusaka said establishing ward development funds is the way to go.
“The idea was meant to devolve funds to constituencies but this was before county governments came into being. Now it is time for the county governments to get all the funds and develop their areas,” Mr Lusaka told the Nation.
“CDF has its own staff yet counties are struggling with wage bills. Let these employees be integrated into the county system so we don’t duplicate functions,” he said.
The report accuses the National Assembly of making laws that usurp governors’ powers and the Senate of being driven by individual interests that undermine devolution.
DEVOLUTION HEADACHE
Cabinet secretaries are also listed as part of the devolution headache for issuing directives that hinder smooth transition to the devolved units
The governors are complaining that the rules that existed before devolution are still in existence.
“Today, there are 200 national policy documents that need review so that they conform to the Constitution, principles and objectives of devolution. The national government has not reviewed these policies and continues to use them without recognising that Kenya is now devolved,” says the report.
The report accuses cabinet secretaries of undermining governors through “domination” in law making.
“Other sources of laws that undermine devolution stem from subsidiary legislation that cabinet secretaries promulgate. Statutory grants of rule-making authority to the executive branch in Kenya often leave cabinet secretaries with considerable latitude in applying legislation to individual cases,” says the report.
The Attorney-General should advise the Executive on the limits of its mandate so that it is not a stumbling block to devolution,” it adds.
“The Attorney-General, who is principal legal adviser to government, has the responsibility to nurture the culture of constitutionalism.”
