Veterinary services (except the regulation of the veterinary profession) are now an exclusive function of counties. The Transitional Authority, Ministry of Agriculture, Livestock and Fisheries, and the Ministry of Devolution and planning are constitutionally obligated to undertake a deeper functional analysis to unbundle veterinary services. The purpose of this analysis is to provide a detailed framework for transferring veterinary and agricultural functions (except policy functions) to Counties. It also entails transferring land used for some agricultural and veterinary services to counties. Eventually, the Kenya Veterinary Board will be restructured. As a national government state organ, it can only operate within the Constitutional powers of that level. In this regard, the national government has obligation to restructure the Board to accommodate the Constitutional powers of Counties over veterinary services. Counties have full legal powers to enact legislation on veterinary services. Such legislation can override the national veterinary laws. Be that as it may, Article 191 of the Constitution anticipates that despite the transfer of veterinary services to the Counties, there are some functions that cannot be conceivably undertaken at the county level. In view of this, my line of thinking has been to advocate for the setting up of a national coordinating framework. The policy and legal framework at national level should clarify the scope of veterinary governance. This framework will also foster cooperation between the two levels, which is a mandatory constitutional obligation. Remember, we have adopted a multi-level system of governance that borrows heavily from the South African Constitution. The phrase such as - governments at each level are distinct and interdependent - they shall assist, cooperate, liaise with each other and share information have all been judicially interpreted. Courts have adjudged that these provisions create an obligation at each level not to pursue a legislative, administrative and policy measures that interferes/prevents the other level from discharging constitutionally assigned functions. I am involved in the development of county and national laws in the current dispensation and one of the biggest challenges l face is how to craft legislation that provides the true scope of county and national government functions. Some ministries have adopted a unilateral approach; they have been pursuing a policy and legislative agenda that locks out counties from their constitutionally assigned functions. It is imperative that push a legislative agenda that respects county government functional autonomy.
Posted on: Thu, 07 Nov 2013 04:21:29 +0000
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