challenges of devolution in kenya
Examining the challenges of decentralization in weak states, Goran Hyden points that they tend to be “imposed” (Hyden, 2007)and therefore “become messy and complex” (Vedeld, 2003)to implement. The political class that controlled the two governments were not strong champions of implementing the Constitution. The creation of the 47 counties came from the 46 Districts, and Nairobi Area stated in the District and Provinces Act of 1992. The two governmentsshould dialogue, exchange information, coordinate policies and even establish joint committees and authorities. None can take away the functions of the other either. The Concept of Devolution Devolution thus implies the transfer of powers, functions and responsibilities to the sub-national levels of government. The country has overcome several challenges and milestones in a bid to make the devolution dream a reality. One of the hallmarks of the 2010 Kenya Constitution is the introduction of the devolved systems that run parallel with the national governments. Beginning 2014 to 2016, Kenya witnessed a lot of back and forth between the National Assembly and the Senate. Metadata Show full item record. The process tends not to be holistic and does not target all institutions in society, private and voluntary included (Bratton, 1989). The relationship between the national government and the county government was not hierarchical, but one of equality based on cooperation and consultation. Other challenges involve the four different offices involved in the devolution process, each with their own administrative and bureaucratic culture that complicates the process; lack of audit reports for structures, assets and liabilities inherited from former local government institutions; as well as failure to observe the ‘at least a third rule’ which was designed to ensure adequate representation of women … The findings of this study can be applied to other counties in the country. - Shortage of funds because money allocated from national government is not enough. View/ Open. Some of the weaknesses of decentralization are. Inter government institutions were to be put in place to ensure proper functioning of the devolved system as well as to ensure smooth implementation. However, its key development challenges still include poverty, inequality, climate change, continued weak private sector investment and the vulnerability of the economy to internal and external shocks. The government is defining how the new Further, weak African states operate on patronage rather than policy, and theirpolicy-making pronouncements are for theconsumption of donors, but not for implementation. Forty seven county governments came into operation two and half years ago following the general elections of March 2013. The support for devolution … This must however be done in a manner that enhances service delivery and accountability. While at the local level people are allowed self-governance,decisions-making at the national level is shared. Services: Fourth Schedule of the Constitution lists functions of the national and county government. In the 1990s, devolution was one of the objectives of the Safari Park … Wangome, Levi Muchai. Devolution runs through the all constitution and not confined to the devolved government as provided in Chapter 11 of the Constitution ! However, the counties need to be more accountable before they receive extra funding from the government. Devolution has brought great hope to the people of Kenya, let us collectively and relentlessly continue to work together to ensure that this hope is realized. With the devolved systems, it is easier to achieve growth both at national and county development. Kenya in the 21st Century.4 And devolution which is clarified under the Constitution of Kenya 2010, is important in realizing ETR. Their ability to operate autonomously is therefore severely constrained by the limited revenue base(Hyden, 2007). The CoK (2010) created a unique form of devolution in Kenya, with two levels of government: a national government and 47 county governments. the challenges of implementation of devolution strategy at the nairobi city county government in kenya muli, joel ngui a research project submitted in partial fulfillment of the requirements for the award of the degree of master of business administration, school of business, university of nairobi 2014 As the two lock horns, service delivery at county level becomes affected. Challenges for Tourism Business Activities, Challenges That May Be Faced in the New Environment, Management Challenges with Ms. Yiling Ge of Donghua University Cip, Bbc Pvt. Each of the two governments seems to have been captured or influenced by elements that stood to lose much if the Constitution was fully implemented. Facilitation of the people was never on the cards for this outdated approach as such most countries … Ethnicity still plays a major role in securing votes and representation in the counties. Some of the challenges include, READ ALSO: 13 things Kenyans regret about marriage. Answers. Kenya’s system of devolution came into existence after the March 4, 2013 General Elections, which were contested at six levels,the Presidency; Members of the National Assembly; Women Representatives; Members of County Assembly; Senators and Governors. The benefits for a devolution system in Kenya are plentiful. Examining the challenges of decentralization in weak states, Goran Hyden points that they tend to be “imposed” (Hyden, 2007)and therefore “become messy and complex” (Vedeld, 2003)to implement. Such transfer must also be in writing and be mutually agreed upon by the transferring and receiving level of government. The 47 County governments are equal to each other and engage the national government through the Council of County Governors. The difference between the CRCK and Committee of experts’ proposal was on the levels of governance and the number of devolved units. None is superior to the other, none can abolish the other and none can dictate to the other what to do or not to do. Figure 1-2: Various government systems at the local level in Kenya 8 Figure 2-1: Kenya’s devolution presents massive challenges for political and administrative restructuring14 Figure 2-2: How Kakamega will integrate former districts and Local Authorities in a new 15 county administration By reducing the power of the central government and distributing it equally among the counties, the devolved systems hopes to achieve national unity. But, with devolution, each county has equal chances of growth as the share of resources is equal. 406 of 2013, Challenges with Citizens United Vs the Federal Election Commission, Assessment of E-Government Initiatives in Kenya to Understand the Challenges, Opportunities and Impact: Case Study of Huduma Kenya in Nairobi County. Cooperative devolved government(Republic of Kenya, 2011)best describes Kenya’s devolution, which combines the principles of self-governance (at the local level) and shared governance (at the national level). History of Devolution in Kenya. What’s Next in Kenya’s Evolving Devolution Landscape? The county governments have not yet come up with systems or measures to handle county treasury operations. Further, she assesses Kenya's efforts of devolution since independence with a focus on the 'Majimbo' system of 1963/4 and the current local government system. The distribution of functions between the national and the county governments is contained in Schedule Four of the Constitution and is captured in Boxes I and II below. Kimathi: Challenges of the Devolved Health Sector in Kenya 57 After a long period of agitation for a new constitutional dispensation by Kenyans, central to which was contestation of the over-centralization of powers around the presidency, in August 2010, 67 per cent of voters approved a new constitution in a referendum commencing devolution as the However, when the ruling party took over, it favored the Provincial Administration system under the central government. As it is, salaries and wages account for a significant portion of the county budgets. “Let us be realistic and remain alive to the challenges that beguile devolution in Kenya”, he continued. Challenge of revenue allocation facing devolution in Kenya. What are the experiences of Kenya’s implementation of the devolved system of government? Its functioning is not similar to that of local government, Fiscal Devolution; the Public Finance Management Act outlines sharing of revenues and other financial resources between the national and devolved governments. Others were based on interpretation of the Constitution, divisive coalition, Introduction and Decription of the (changing) Landscape and (challenging) Marketspace of the International Service Indjustry, Challenges in Identifying Mental Disorder. Currently, county governments are implementing growth strategies that aim at improving the living standards of its people. These counties have better infrastructure and public utilities as well as opportunities for employment and investment. September 15, 2018. As county headquarters and centers develop, new opportunities for employment and investments arise paving the way for more significant progress. Sometime back, the Council of Governors pointed an accusing finger at the state for derailing the transition process. In 2010 Kenya adopted a unique form of cooperative devolution based on three principles: the principle of inter-dependence, the principle of distinctness and the principle of consultation and cooperation (Onyango, 2012). Nevertheless, the people rejected the Wako Draft during the 2005 referendum. The challenge is that research, innovation, intellectual property and mentoring are yet to be integrated sufficiently into Kenya’s policy and laws on education and (decentralized) governance. Since 1963, Kenya has pursued development that has focused on eradicating hunger, illiteracy Most of the decision making was away from people and did not mirror the realities at the grassroots. - Poor infrastructure is some counties. What is the point of having resources, when the people in charge cannot manage? Nationaland local resources are to be equitably shared while decentralization of state organs, their functions and services, andenhancement of checks and balances and the separation of powers. Author. The dependence of the Mwananchi to the County Governments on services is exponential. Firstly, there ha ve been wrangles between t he governors a nd the central When the counties took over health docket, there has been a go-slow in the services offered and strikes lasting months. emerged as the front runner in the devolution race while Kenya, Uganda, Rwanda and Zimbabwe followed suit. The county governments have a problem in the management of current resources. Kenya’s unique form of devolution is proving hard to implement. Kenya went back to the drawing board, and the Committee of Experts included devolution in the draft constitution of 2010. That is, through cooperation, consultation and agreement each level can perform or assist in the performance of each other’s functions as long as the performing government has the capacity to do it well. Some counties such as Nairobi, Nakuru, and Mombasa, already had a head start development wise. For some, it is hard to distinguish between the role of the senators and the MPs. This is because they have similar structures and system of governance. Others are therecognition of communities’ right to manage their own affairs,protection and promotion of the interests and rights of minorities and marginalized communities,promotion of social and economic development and the provision of proximate, easily accessible services. 20 These include strikes by health workers in different counties and resignation of some health workers and inequitable distribution of available health workforce due to health workers leaving certain counties in favour of others that have better working conditions among others. Functions can also be transferred to decentralized units and to the urban and cities authorities. It provides a consolidated … The government of the time went with the Wako draft that favored the provincial administration system. Over the last couple of years, Kenyans have been spectators in the pull-and-push between the National and county governments regarding the mandates of both and allocation of resources. In the Kenyan situation, devolution carries the promise of a more equitable model of de¬velopment, almost the magic bullet. The 15% of National revenue allocated to counties may not be enough to enable them to discharge all their duties. Kenya has ratified most of the international agreements, treaties, conventions, and protocols resulting from the first Rio conference, that are considered to be in harmony with the country's ... as well as challenges facing development. The Constitution encourages the two levels of government, as well as the 47 county governments, to conduct their mutual relations through consultation and cooperation (Article 6(2), and to avoid actions that may lead to conflict between and among them since its success depends on the extent to which the two governments cooperate and consult each other. • Strengthen the core team that is guiding the devolution. However, even though these institutions have been put in place, they are not functional or are not being utilized fully. The introduction of more seats (67 senators, 47 governors and 2,526 member of assemblies) means that the taxpayer is at a loss since the wage budget increased significantly. There are three categories of functions: those that are exclusive to either level of government, those that are shared (concurrent) and those that are residual. Some county governments seem to be rewarding allies, rather than appointing professionals to get the job done. People at the grassroots get to choose their leaders and directly participate in decision-making processes making room for accountability and democracy. Currently, more people are doing the same job. The Bomas delegates okayed the proposal on devolution, but at the time it failed to reach the implementation stage. Government’s unwillingness or reluctance to implement: Since the implementation of the CoK began in 2010, none of the two governments—the coalition government of President Kibaki and PM Odinga (2010-2013), and the Jubilee government (2013-present)) has been fully committed to implementation. Early 2018, Makueni county launched its Universal Health System to make affordable care achievable in the area. 20 The aim of the present study … Devolution is As the CRCK involved the people in the drafting process the issues that emerged included, READ ALSO: Kenya Power Alerts: How to Register for Kenya Power Alerts. - Conflict between county executive and county assemblies. The Constitutional of Kenya Review Commission (CKRC) took up the matter during the process of the Constitution of Kenya Review Act (2000). Kenya needs to have a broader discussion about how all resources flowing to 5 ` World bank cautions on devolution challenges,’ 24 th October 2012. fcounties conditional and unconditional alike should be organised and shared to ensure inequalities are reduced, not exacerbated, by devolution.6 Revenue allocation is another challenge facing devolution. third year of devolution in kenya: successes and challenges The devolved system of government is the centrepiece of Kenya’s new Constitution. Hailed as the great compromise of Kenya’s new (2010) Constitution, devolution was one of the hallmarks of the transition from a previously centralized political system, which was largely blamed for vast inequality, exclusion and deep divisions in Kenyan society. With the failure of the Provincial Administration to address pertinent issues at local level, talks on a mechanism of equal distribution of powers and resources began. This can help in finding and applying solutions as intended. Self-governance at the local level is vital for democracy at the national level. The speaker also mentioned that the 47 County Governments are indeed under pressure to deliver. Therefore, compromising other development efforts. Kenya - Challenges of Devolution. Challenges of Devolution and Public Sector Reforms Devolution in Ke nya has had a myriad of pr ob lems. KENYA DEVOLUTION OBJECTIVE: This paper summarizes findings and analysis from five working papers & case studies reviewing opportunities and challenges for strengthening public participation in Kenya’s newly decentralized system. The process tends not to be holistic and does not target all institutions in society, private and voluntary included (Bratton, 1989). Some areas felt neglected, marginalized and deprived of the local resources (what was rightfully theirs). Kenya is the most prominent success story of devolution in Africa. Today, all people including the marginalized and minorities can reap the benefits of self-governance and manage their development and affairs. Also, the participation of special groups such as the disabled, youth and women has not increased significantly as a result of devolution. Even with the several positive impacts of devolution in Kenya, several problems inhibit its implementation fully. Chapter 11 of the 2010 Constitution breaks down the aspects of devolution which are, So, what is the importance of devolution in Kenya? • Merge the two ministries of health in 2013. Some analysts think that the transition process is to blame for the problem. The prevailing feeling is that investments and services have been spread unequally across the country, often following political … What are the challenges that the process in facing? While the National and county legislature oversees the budgeting process, the National Treasury still has a lot of power and control over the fiscal policy. Administration; the county executive committee led by the governor undertakes all administrative duties, Political element; the county assembly which constitutes elected and nominated members of the county. The devolution of health services in Kenya has been characterized with many challenges. Victimization due to political affiliations; if an area did not support the government of the time, they did not receive any attention as well had limited resources. People complained about dealing with dilapidated public resources and infrastructure including roads and hospitals which impeded economic growth. Devolution has several merits as well as many challenges to be tackles. The two levels of government are distinct, equal and independent. As a result, the devolved system is proving too complex to easily implement. Some county governments have been in the spotlight for misappropriating funds while most counties cannot account for the money allocated. While devolution has had its pros, Kenyans have also witnessed its shortcomings. The Constitution of Kenya 2010, under chapter 11, introduced the concept of the county government system of devolution to Kenya. Decisions made at county level focus more on the local needs. The major impact has been the … Here we will be looking at both positive and negative impacts of devolution in Kenya. Petty disagreements regarding consultations about those appointed to key government positions. In fact, the hiring process of county executives and other officials is questionable. Kenyans Reiterate that indeed Devolution is working Kenyans remain committed to devolution. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. From the need for equal distribution of resources and powers to public participation, here are some of the advantages of decentralization in Kenya. Although data collected in five counties show that support for the devolved governments is still high, there are a number of challenges facing them.For effective implementation, and achievement of the above objectives, theConstitution gave each level of government functions and responsibilities that it could either perform separately or in collaboration with the other government. Full Text (14.76Mb) Date 2016. Previously, most of the resources including public institutions were in the major urban centers and cities. Public participation: The people are part of the decision-making process at the county level. Administrative decentralization is the transfer of responsibility for planning, financing and management of certain public functions from the central government to sub national authorities. The independence of the two governments is, however, not absolute but one that is driven by functional interdependence. Lack of diversity in the systems of government (minority communities had little or no representation). The transfer must be gazetted (in the Kenya Gazette and the County Gazette) and the two Chambers of Parliament (National Assembly and Senate) notified. Since then, Kenyans have had a chance to elect representatives in the county government twice (2013 and 2017). While some counties such as Makueni are in the forefront, some are still lagging behind. The two levels of government can assign, transfer or delegate their powers and functions to each other or to joint committees and authorities provided in the law. No doubt, the Decentralisation (and devolution, which is a form of decentralisation) should overcome this challenge by directly connecting the state actions at the local level with officers to be held accountable. It will take extra efforts and some years for other counties to catch up. 7 Key lessons for UNDP support to Devolution in Kenya 24 7.1 Institutional context analysis is critical for successful design, implementation, monitoring and evaluation of reforms 24 7.2 Leadership 24 ... the challenges inherent in supporting devolution. KADP and KDSP continue to provide evidence-based analytical and capacity building solutions to emerging challenges of devolution such as: optimization of own source revenue, rationalization of the public sector wage bill, allocation of development budgets, and enhancing service delivery in devolved sectors (including agriculture, … The Constitution of Kenya (2010)providesthe objectives of devolution: the promotion of ademocratic and accountable exercise of power; fosteringof national unity by recognizing diversity andgiving powers of self-governance to the people to enhance their participation in the exercise of the powers of the state and in making decisions affecting them. Local governments had less financial resources and authority to ensure equal distribution of power. (214k) Devolution in Kenya fact sheet The 2010 Constitution of Kenya is a turning point in country’s history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. Devolution has three dimensions, namely: administrative, political and fiscal (Institute of Economic Affairs (IEA-Kenya), 2010 ). Some minority communities in areas such as Migori, Turkana, Garissa, Bungoma and Samburu feel left out. It involves dismantling of the centuries old colonial system of governance based on control not service to the masses. Make sure the team is multisectoral so that devolution can proceed seamlessly, with minimum disruption, because public health is a national interest with implications for Kenya’s security . Abstract. The Constitution of Kenya (2010) provides for devolution of health services, which implies that service provision and management is now primarily a function of the counties and functions of stewardship for the health policy including standards and guidelines left with the national government (KHSSP 2014-2018, 2014). - Mismanagement of county funds. In the 1990s, devolution was one of the objectives of the Safari Park National Conferences. The challenge is to galvanise the minds of Kenyans especially those in authority to appreciate the reorganisation of state in line with devolution Devolution in Kenya-An Overview While some counties such as Nairobi and Kiambu collect a lot of revenues, the resources are still not enough for efficient service delivery. 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