1. What is devolution? Devolution is a form of decentralised governance system where political, administrative and financial authority is transferred from national level to an independent sub-national level constitutional and/or statutory agency/unit. The Constitution of Kenya 2010 (CoK 2010) Article 1 (4) provides that the sovereign power of the people is to be exercised at national and county level, thus creating a national Government and forty seven (47) local units called counties as units of devolution. Article 176 of CoK 2010 provides that there shall be a county government for each county, consisting of a county assembly and a county executive. It also provides that, every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so. 2. Why devolution? Article 174 of CoK 2010 provides the objectives of devolution. In summary, they include: a) To promote democratic governance and accountable exercise of power. b) To foster national unity by recognizing diversity. c) for self-governance and the participation of the people in decision making on matters that affects them including development. d) to protect interests and rights of marginalized groups. e) to promote social and economic development and bring services closer to the people. f) to ensure equitable sharing of resources g) to enhance checks and balances and separation of powers. 3. What are the guiding principles of devolved government? Article 175 sets out the guiding principles of devolved governments. The County governments shall: a) be based on democratic principles and separation of powers; b) have reliable sources of revenue to enable them govern and deliver services effectively; c) and must ensure gender representation (Article 175 (c) no more than two-thirds of members of representative bodies at the county shall be of the same gender). Although devolution cannot be a panacea to all the socio-economic and deteriorated service delivery by the government to the people of Kenya, as a foundation of good governance it has become the tool of social harmony and development in the world. Devolution will certainly open opportunities for public participation in state affairs and foster social economic development. 4. What are the lower levels of decentralization in the counties? The County Government Act, 2012 (CGA), Section 48 (1) requires that, the functions and provision of services of each county government shall be decentralized to: a) the urban areas and cities within the county established in accordance with the Urban Areas and Cities Act, 2011(UACA); b) the sub-counties equivalent to the constituencies within the county established under Article 89 of the Constitution; c) the Wards within the county established under Article 89 of the Constitution and Section 26 of CGA; d) such number of village units in each county as may be determined by the county assembly of the respective county; and e) such other or further units as a county government may determine.
Posted on: Wed, 04 Dec 2013 09:06:54 +0000
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