Devolved Government
Definition:
Devolution is when the central government gives certain powers and
responsibilities to lower levels of government (county governments) as provided
in the Constitution.
Objectives of Devolution
1. Promote democracy and accountability.
2. Foster national unity by respecting diversity.
3. Allow self-governance and public participation.
4. Enable communities to manage their own development.
5. Protect minority and marginalized groups.
6. Promote social and economic development.
7. Ensure fair sharing of resources.
8. Decentralize state organs from the capital.
9. Strengthen checks and balances and separation of powers.
Principles of Devolved Government
Based on democracy and separation of powers.
Must have reliable revenue sources.
Gender balance: no more than 2/3 of one gender in representation.
Sources of Revenue for County Governments
1. Property rates.
2. Service charges to residents.
3. Share of national revenue.
4. Loans from national/international sources.
5. Taxes on county goods and services.
6. Business and service licenses.
7. Fines and fees for use of county property.
8. Renting county property.
9. Grants (local and external).
Structure of County Government
Each county has:
1. County Assembly (Legislature) – makes laws.
2. County Executive Committee (Executive) – implements laws and policies.
County Assembly
Composition:
Elected members from wards.
Special seats to ensure gender balance.
Representatives of youth and people with disabilities.
Speaker (ex-officio member).
Qualifications to be elected:
Registered voter.
Meet education, moral, and ethical standards.
Nominated by a party or supported by 500 voters if independent.
Sound mind, not bankrupt, not imprisoned >6 months.
Kenyan citizen for at least 10 years.
Functions:
Make and amend county laws.
Scrutinize county executive performance.
Approve county development plans.
Summon persons for information/evidence.
Law-making Process:
1. Annual legislative programme.
2. Drafting instructions.
3. Bill preparation and circulation.
4. Stakeholder/public consultation.
5. Executive approval.
6. Introduction to assembly.
7. Committee review.
8. Amendments.
9. Debate and passage.
10. Gazettement and implementation.
County Executive Committee
Composition:
County Governor (chief executive).
Deputy Governor.
Members appointed by Governor, approved by assembly.
Functions:
Implement county and national laws.
Manage county administration and departments.
Prepare bills for assembly.
Report regularly to assembly.
Governor’s Powers:
Approve and implement policies.
Appoint executive committee.
Deliver annual state of the county address.
Assent to bills.
Represent county nationally and internationally.
Deputy Governor:
Acts for Governor when absent.
Performs executive duties assigned by Governor.
Takes over if Governor is incapacitated.
Functions of County Government
Agriculture (crops & livestock).
Fisheries and fish farming.
Health services and sanitation.
Environmental management.
Recreational facilities (sports, parks, libraries).
Transport infrastructure (roads, streetlights, ferries).
Pre-primary & vocational education (polytechnics, childcare).
Trade regulation (licenses, markets, fairs).
Cultural activities (theatres, cinemas, betting regulation).
County – National Government Relationship
Functions/powers may be shared by agreement.
Cooperate in policy, legislation, and administration.
National legislation prevails in conflicts.
National government can intervene if county fails.
Challenges Facing County Governments
Rapid population growth.
Poor transport and communication.
Inadequate revenue and resources.
National government interference.
Rivalry among leaders.
Lack of skilled personnel.
Corruption and misuse of funds.
Delayed funding from national government.
Natural disasters (floods, droughts).
Ethnicity and nepotism.
Duplication of roles with national government.
Conflict over common resources (water, forests).
Possible Solutions
Diversify revenue sources.
Attract investments with friendly environment.
Strengthen anti-corruption measures.
Establish disaster management committees.
Harmonize county-national government relations.
Build capacity through training of personnel.