Why Kenyans have lost faith in devolution

The doctrine of separation of powers between the three arms of government must be guarded in a manner that promotes democracy and good governance.

However, the ugly events that have unfolded recently with the two Houses combining forces to wage a scathing attack on the governors and the Judiciary are mind-boggling and unhealthy.

The supremacy wars revolve around devolution, with evidence emerging that most of political actors have yet to internalise the workings of the Constitution that Kenyans voted overwhelmingly for in 2010.

Devolution is the most transformative component of the Constitution. However, since the concept gained currency in the early 1990s, it has not attracted constructive debate, more so after last year’s elections that marked its birth.

Today, some key proponents of devolution are its greatest enemies, giving credence to the argument that it was floated, not as an idea to transform the entire country, but as a populist move to attract political support from marginalised communities.

Those who felt marginalised were made to believe that devolution was the panacea for all their ills. However, today, nobody believes devolution is taking us to political paradise.

Ranging from the manner in which county governments have spent money, the lack of focus by some governors, the costly effects of devolution such as increased rates, as well as corruption and skewed recruitment practices, many are beginning to see that devolution may not have been such a good idea after all.

PROMOTING DEMOCRACY

Devolution was seen as a way of enhancing social and economic development across the country. It was also meant to promote democratisation, as it would create opportunities for public participation in governance. But that is yet to happen.

The drafters of the Constitution understood that devolution could easily be destroyed by the Legislature, and put forward the requirement that any amendment to the Constitution on devolution must be approved by the public through a referendum.  

It is commendable that senators and MPs want to hold governors accountable, but this must be done with a clear aim of improving devolution rather than crippling devolved governments.

Threatening to cut county budgets and creating county boards that are not defined in the Constitution will water down devolution.

Senators, governors and members of county assemblies must work together to ensure proper implementation of devolution as stipulated in the Constitution.

Devolution has been structured in a complex manner and it cannot work without the support of all the institutions of governance.

Mr Obonyo is a Global Young Diplomat and the external adviser on the UN Habitat’s Youth Advisory Board. ([email protected])