REMARKS ON THE LAUNCH OF REPORT ON ASSESSMENT OF THE IMPLEMENTATION OF THE SYSTEM OF DEVOLVED GOVERNMENT 2014 “FROM STEPS TO STRIDES,” NYAYO GARDENS , NAKURU, 27TH JUNE 2014 YOUR EXCELLENCY ISAAC RUTO, CHAIRPERSON, COUNCIL OF GOVERNORS, YOUR EXCELLENCY KINUTHIA MBUGUA GOVERNOR OF NAKURU COUNTY, HON. EKWEE ETHURO SPEAKER OF THE SENATE, HON. ANN WAIGURU, CABINET SECRETARY, DEVOLUTION AND PLANNING, HON. SUSAN KIHIKA, SPEAKER NAKURU COUNTY ASSEMBLY, EXCELLENCIES, NATIONAL AND COUNTY GOVERNMENT OFFICIALS, FELLOW COMMISSIONERS, DISTINGUISHED GUESTS LADIES AND GENTLEMEN Today CIC launches the first report on the assessment of the implementation of the system of devolved government. This do, pursuant to the commission’s mandate under section 5 of the sixth schedule of the constitution to monitor and ensure the effective implementation of the system of devolved government established under the Constitution of Kenya 2010. The report captures the status of the operationalization of county governments one year after these governments were established, following the march, 2013 general elections. It reviews the gains and challenges inherent in the bid to restore to the people of Kenya the power and responsibilities to manage their affairs. The demand for constitutional reforms in this country in large part informed by the belief that an effective devolved system of government is the answer to the myriad governance, social and developmental challenges that we have historically failed as a nation. Today this belief means there is one issue that is central to the future of this country. It is an issue that transcends political, social or economic affiliations. It is an issue that informs our very existence and future as a nation. How can we ensure that devolution in Kenya works, not just for a few but all Kenyans? Excellencies, ladies and gentlemen The promulgation of the constitution of Kenya, 2010, provided an invaluable opportunity to translate the people’ aspirations, among them equality and inclusivity, into a legal framework. The power of self-governance by the people and their enhanced participation in decision-making are among the inalienable rights of the people of Kenya under this constitution. Primarily, the objective of decentralization 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 report we are launching today, highlights practical gains achieved in the implementation of the devolved system of government over the last one year. These include: • Development and review of the legal framework for the system of devolved government; • Exercise of governmental powers by the counties through their institutions; • Access to and utilization of resources from the consolidated fund and those raised by the counties themselves • Developmental interventions that have so far facilitated public service delivery that is improved and accessible; • The authority and institutions of the counties and their relationship with the national government are visible; • Enhanced citizen awareness and involvement in governance affairs. Excellencies, ladies and gentlemen In this way devolution has got the necessary foundation to flourish and deliver on the aspirations of Kenyans. One might then well ask “if these gains have been realized, what are the challenges encountered?” The answers are not a secret. They have been acknowledged by stakeholders and have informed both public and political discourse in the country; These are: - Politicization of implementation of the system of devolved government - Elite capture of the implementation discourse in the country at the expense of effective public participation.- Power struggles and turf wars among leaders and institutions. - Skewed and biased media and public perception of devolution and all challenges of county governments in comparison to those affecting the national government. - Limited focus and allocation of resources on developmental activities by county governments. - Insecurity which, whilst a country wide challenge in the last one year, has specifically impacted negatively on implementation of the devolution in a number of counties. As our report reveals, the transition to devolved government begun with hesitant steps, and with the benefit of hindsight, a number of these steps could have been done better. For example the mode of transfer of functions which in some cases were done without sufficient, if any, unbundling of the functions allocated in the fourth schedule, which resulted in confusion and much misunderstanding, for example as regards the health function. To date similar confusion remains in the road sector. These transition, uncertainties, coupled with the inevitable challenges of establishing structures and systems in the counties may have had the effect of creating an impression of devolution as a difficult or even impossible experiment. Add to this, the posturing and tug of war that have come to define our political landscape, it is tempting to paint a gloomy picture of devolution. As CIC, we however remain fully persuaded that these are but teething problems associated with any change, and particularly a radical transition such as is prescribed in our constitution. We remain convinced that as a nation, if we are to be true to wanjiku, we have no option but to fulfil the constitutional requirement for effectively implementing the system of devolved government, and condemn to the dustbin of history the shame of poor governance outcomes that have afflicted the nation for over fifty years. Sustaining the momentum and commitment to implementing devolution will go a long way towards delivering on the aspirations of Kenyans. Finally, Excellencies, ladies and gentlemen In our national journey of transition to devolved government, as we move from the initial steps of the first year to the strides into the second year, let us learn from the experience so far. Let us build on the successes and design ways of overcoming the challenges. The solution to our problems are known and well provided for in the constitution of Kenya 2010. What is needed is for the country to develop a culture of constitutionalism, and respect for laws and order. Government at both levels, leaders, institutions, state officers and the citizens of Kenya must be determined to reject attitudes and practices that claw back on the gains made and must act to prevent any compromise to the effective implementation of the system of devolved government in Kenya. Let us not lose sight of the objects and principles of devolution. History has placed on us the responsibility of turning Wanjiku’s aspirations to a transformed reality. CIC therefore recommends to the people of Kenya this assessment report, from steps to strides. We also urge all Kenyans to expand and strengthen efforts to ensure the effective implementation of the system of devolved government across the nation. On our part, we restate our pledge to the people of Kenya, to ensure, in terms of our constitutional mandate, the effective implementation of the constitution of Kenya 2010, and in particular, the system of devolved government. God bless Kenya. CHARLES NYACHAE CHAIRPERSON.
Posted on: Sat, 28 Jun 2014 05:03:38 +0000