Despite the challenges, devolution on course to deliver aspirations of Kenyans

What you need to know:

  • Significant progress has been made.
  • But the gains have not been without challenges.

The promulgation of the Constitution of Kenya, 2010, provided an invaluable opportunity to translate the people’ aspirations into a legal framework.

The power of self-governance and the people’s enhanced participation in decision-making are among the inalienable rights under this constitution.

Primarily, the objective of decentralisation of governance in Kenya is to devolve power, resources, and decision-making down to the most basic level.

Ultimately, Kenyans expect progressive enhancement of their socio-economic development, access to efficient public service, and governance by the rule of law.

The Commission for the Implementation of the Constitution (CIC) has visited all the 47 counties, organised public forums with residents of the various counties, and held meetings with county governments to study, assess, document, and communicate the progress in implementation of the system.

Significant progress has been made. Virtually all the laws required under the Fifth Schedule to the Constitution to give effect to the system of devolved government are in place. Most counties are also in the process of developing and/or have passed crucial laws to implement the functions assigned to them. More than half of the counties have facilitated access by their staff to devolution-related laws.

Other milestones include the development of county government structures and systems. All 47 counties have established functional county assemblies and executive structures. Most of the functions assigned to county governments have been transferred to the counties and are being implemented.

In terms of human capacity development, all counties have established county public service and assembly service boards which recruit staff, undertake capacity needs assessment, and facilitate training of staff. All the 47 counties have established functional county treasuries and installed the Integrated Finance Management Information System (IFMIS) for efficient service deliver.

POWER STRUGGLES

These gains have not been without challenges. Politicisation of the devolution process and its implementation is a major problem. Elite capture of the implementation discourse in which Wanjiku — the intended beneficiary of the new constitutional dispensation — is left out is yet another obstacle.

Constant power struggles and turf wars among leaders and institutions have not helped the implementation process either.

Other challenges include media and public perception that all county governments are corrupt, inefficient, and wasteful. Little attention is given to the performance of the national government and, as a result, Kenyans think that it is the county governments that have failed to ensure their security in the recent terrorist attacks.

The delay in rationalising the human resource component has also been an impediment to devolution.

The transition to devolved government begun with hesitant steps. With the benefit of hindsight, a number of these steps could have been done better.

These transition uncertainties may have created an impression that devolution is a difficult or even impossible experiment.

The posturing and tug of war between some leaders and institutions on the one hand and between the national and county governments on the other have come to define our political landscape.

At CIC, we remain persuaded that these are problems associated with any change, and particularly a radical transition as is envisaged in the Constitution.

The commission remains convinced that if we are to be true to Wanjiku, Kenya must effectively implement devolution. Sustaining the momentum and commitment to implementing devolution will go a long way towards delivering the aspirations of Kenyans.

The solutions to our problems are known and provided for in the Constitution. Government at both levels, leaders, institutions, State officers, and the citizens of Kenya must reject attitudes and practices that threaten to negate the gains made.

History has placed on us the responsibility of turning Wanjiku’s aspirations into a transformed reality. What is needed is for leaders and Kenyans to develop a culture of constitutionalism and respect for the rule of law.

Mr Nyachae is the chairman of the Commission for the Implementation of the Constitution. [email protected]