A presentation to The Task Force on Devolution
at Avugwi Hall, Sabatia – Vihiga County on 25th February 2011
My first take is that this Committee has as the expertise and experience to first have developed a draft framework for national input rather than a blanket collection of ideas. This is because
1. There are a lot of reference materials on devolution as expressed variously over time by Kenyans you would have easily accessed including The Saitoti Report of 1991, CKRC report of 2004, the Bomas Report of 2005 and the CoE report of 2010.
2. The constitution already has outlined devolution, this taskforce has the responsibility to make it mare lucid by availing a framework and collating inputs from the citizenry to gauge if it meets and satisfies the imagination and expectations they have expressed over the years and their desires so far.
3. This would then have served to facilitate civic education on the purpose, mechanism and logistics of devolution as globally espoused and stipulated in the constitution.
All the same, we are here and I have the following suggestions on implementation of the devolved government;
a) Chapter 1 Art. 6 of the constitution states that “The governments at the national and county levels are distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.”
While ‘cooperation’ is sufficiently defined and explained in the constitution (Chapter 11 Art. 189), ‘consultation’ has not been so treated and thus should be explained in the framework.
b) Considering Chapter 1, Art.6, the devolution framework should ensure that even the possibility of leadership is distinct by making it clear that if one contests a for a position in the national government, he/she cannot contest a seat in the county government at the same time. I submit so because nothing in the constitution stops anyone from contesting say Presidency and MP, or for my concern President and Governor! I propose that one be allowed to contest any combination of seats so long as the seats are not straddling national and county governments. This will enhance the envisioned devolution and ‘distinctiveness’ of Chapter 1 Art. 6 of the constitution.
c) That the elaborate standards of accountability at the national level be replicated at the county level including;
i. Impeaching the Governor, just like the President
ii. Recalling the Senator and Ward Representative just as the MPs will be recalled
d) Issues touching on core makeup of the county, people’s participation and principles of devolution should be subjected to county referendum without exception
e) That the standards and principles at the national assembly shall apply at the county assembly
f) That the range of county ward numbers be pre-determined and establish as per local parameters. I suggest that the range be between 30 and 90 wards.
g) That responsibility be followed with adequate funding. I propose that, following the practice elsewhere the actual allocation to the counties be realistically pegged at 50% of total revenue and not the minimalist 15% low end benchmark of 15% as provided for by the constitution.
h) Qualifications to leadership: The counties being a devolution of power and leadership from the national level for more effectiveness, I propose that the same standards of qualifications be applied at the county level. After all we are devolving competence nationally!
i) The framework should expressly provide that the county governments will provide sufficient civic and political education for any laws and policies developed for the counties prior to application.
Thank you and be blessed.
