Kenyans must make devolution work; they don’t have a choice on the matter

We are undergoing a transformation of the system of government under a new Constitution, itself the fruit of several decades of effort.

The chief transition is the move from a centralised to a devolved system. The argument for devolution is that it brings public services closer to the people, who have more opportunities to participate in decision-making than they would otherwise do under a central system.

This participation contributes to improved accountability and transparency, due to the fact that people can scrutinise governance more closely.

In the Kenyan context, devolution is said to be historically rooted in our ethnically fractured politics. It is argued that a system in which the winner-takes-all in a society where ethnic divisions are deeply embedded is inherently unstable. Elections do not resolve deep-seated differences; devolution provides a political instrument for managing conflicts.

Moreover, devolved units provide a structured mechanism for including minorities in the broader tent of government. Kenya, therefore, turned to devolution to broaden political inclusion.

Under devolution, for example, budgetary allocation is guaranteed to all counties irrespective of who won the county political contest.

But public concern is emerging. Doubt is being raised as to whether the investment in devolution will yield a suitable dividend. A a corollary to this doubt is a rising unease regarding the accountability framework for county governments.

The County Government Budget Implementation Review for the first half of the financial year 2013/14 released by the Controller of Budget, for example, raised issues of low absorption of resources meant for development, escalating wage bills and poor public finance management capabilities.

The Auditor-General has also highlighted fiduciary risks in the management of resources.

At the national level, we have seen muscular rifts between the Senate and the National Assembly and between the Senate and governors. County executive committees have differed with their assemblies. Threats of impeachment are rife. Health personnel downed tools protesting against the transfer of health functions.

ACCOMPLISHMENT TO BE PROUD OF

Perhaps taking the cue from this disquiet, the National Assembly recently sanctioned a socio-economic audit of the Constitution which aims at assessing the impact of its implementation on the national economy.

Taken together all these elements may suggest that there are serious concerns about the health of devolution. However, it is important for Kenyans to honestly interrogate this view.

The shift from a centralised to a devolved system is sometimes not adequately appreciated in terms of sheer scope and depth of change. The fact that we have 47 functioning county governments established with little disruption to service delivery is an accomplishment we should be proud of.

The legal framework in support of devolution is largely in place. A National Capacity Building Framework for County Governments is under implementation to ensure these governments receive adequate support.

Functions and budgets have been transferred. The national government’s allocation of 32 per cent of ordinary revenue to counties in the current financial year is more than double the constitutional minimum of 15 per cent.

County Integrated Development Plans were developed through rigorous consultative processes, and aligned to the national development policies.

Institutions to manage inter-governmental relations have also been established, and a framework for robust consultations is in place. The hardware of devolution has been built. It is now up to the creativity and genius of citizens in each county to identify the issues and means of engagement to make this hardware work for them.

The justification for devolution remains true today as it did on August 27, 2010. The challenges we face were anticipated and we can expect even more. In life, challenges are guaranteed, but defeat is elective. Let us give devolution time to work. After all, what choice do we have?

Ms Waiguru is the Cabinet Secretary for Devolution and Planning.