There must be an acceptance that devolution is a long-term process with no quick fixes , and it will take time to fully realize its potential in Kenya . However , with sustained efforts to address the challenges facing devolution , it can become a key driver of development and inclusive growth in the country . that sought to addresses many of the challenges facing Kenya , including bad governance , devolution , human rights , and the rule of law . The draft also sought to promote national unity by acknowledging the country ' s rich cultural diversity and promoting social justice .
GOVERNANCE
Devolution : A Dream Deferred ?
By Walter Nyabundi
In a rare act of defiance , Kirinyaga County Governor and Chair of the Council of Governors , Anne Waiguru recently accused the Kenya Kwanza Government of attempting to kill Devolution . Indeed , the 47 counties are on the verge of shutting down due to delays in receiving some KES 94 billion for their operations from the National Government .
The framers of the Constitution of Kenya conceptualized devolution as a means of transferring power and resources to the grassroots , with the aim of promoting inclusivity , participation , and accountability in governance . While the county governments registered some successes in their early days - despite numerous teething problems - the effectiveness of devolution in Kenya has been undermined notably by endemic corruption and inefficiency in addition to inadequate funding . There are several devolved functions , notably health , that probably should never have been devolved . Indeed , health care in Kenya is in the worst state it has ever been .
The question must be asked , are the 47 devolved units viable given Kenya ' s current political and socio-economic realities ? In theory , 84.5 percent of the revenues generated by the country are to be allocated to the National Government while 15 percent are to be allocated to the County Governments . The remaining . 5 percent was designated as the Equalization Fund . The counties are still completely reliant on the National Government and have failed to develop capability to individually generate revenue .
Kenya ’ s Commission on Revenue Allocation ( CRA ) which constitutionally is supposed to recommend to the Legislature the basis for equitable sharing of revenues raised nationally appears to have been neutered . The commission ’ s main task has always been to try and determine how much of the 15 percent each of the 47 counties get and how to distribute this 15 percent in an equitable and fair way . This was never going to be an easy task given the economic , social and cultural differences across the counties and the fact that different allocation criterion favor some counties over others . The task is even more difficult now given the current political and economic uncertainties .
Whisper it … but it may be time for us to re-look at the Bomas Draft and the much-maligned Building Bridges Initiative ( BBI ) report to see what can be borrowed to improve the devolution experience . The Bomas Draft was the result of an extensive public consultation process that involved experts and citizens from diverse backgrounds , including civil society organizations , political parties , and other interest groups . It was hailed as a progressive and inclusive document
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There must be an acceptance that devolution is a long-term process with no quick fixes , and it will take time to fully realize its potential in Kenya . However , with sustained efforts to address the challenges facing devolution , it can become a key driver of development and inclusive growth in the country . that sought to addresses many of the challenges facing Kenya , including bad governance , devolution , human rights , and the rule of law . The draft also sought to promote national unity by acknowledging the country ' s rich cultural diversity and promoting social justice .
The Harmonized Draft ( and the Wako Draft before it ) which later became the current Constitution is a compromise document that may have incorporated some aspects of the Bomas Draft but also included concessions that were made to appease various interest groups . In fullness of time , those concessions seem to have worked against us , certainly in the case of devolution .
While the BBI report was initially popular and received widespread support , it went on to face numerous legal challenges and political opposition . Looked at objectively , the report may hold some solutions to some of our most pressing issues including the decline of our devolved units .
Implemented properly , devolution presents Kenya ’ s best chance of becoming a more progressive and inclusive country . Properly functioning devolved units would provide a stronger foundation for the country ' s democracy and development .
However , there must be an acceptance that devolution is a long-term process with no quick fixes , and it will take time to fully realize its potential in Kenya . However , with sustained efforts to address the challenges facing devolution , it can become a key driver of development and inclusive growth in the country .
Walter Nyabundi is a seasoned Social Researcher . You can commune with him on this or related matters via email at : Nyabundiw @ gmail . com .
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