Somehow we believe our Constitution is
one of the most progressive on the African continent. However, I have not seen
any piece of scholarship on comparative institutions and governance capability that
would qualify of back this belief. But I think the idea of devolution is
brilliant.
Article 6(1) of the Constitution
provides that “ The territory of Kenya is divided into the counties (47counties)
specified in the First Schedule”. In Article 6(2) the Constitution states, “
The governments at the national and county levels are distinct and
inter-dependent and shall conduct their relations on the basis of consultation
and cooperation.
Years of whim and political bias
created unconscionable inequalities in our country. Hence, one of the
objectives of devolution under Article 174(f) is “to promote social and
economic development and the provision of proximate, easily accessible services
through out Kenya.
Article 186 and the Fourth Schedule specify
the respective functions and powers of the national and county governments. Among
the devolved functions include: county planning and development, including
generating and maintaining statistics; agriculture, county health services, trade
development and regulation and pre-primary education and village polytechnics.
The national government controls the
policy, regulation, planning and finance, which undergird the devolved
functions. The national government also controls the governance and management
of urban areas and cities. Article 187
provides guidelines on transfer of functions and powers between national and
county levels of government.
But is devolution working? It is time
to evaluate devolution. What has worked or failed where and why? For example, are
the budget resources as currently provided capable of delivering quality health
care? Can the county governments as currently constituted drive the investments
necessary to deliver agricultural transformation?
Moreover, do the counties have the resources
and associated incentives to provide vibrant environments that promote
enterprise, trade and efficient markets? To what extent is national economic
policy, planning and public investment informed by county priorities and plans?
Similarly, are county level priorities in consonance with national development priorities,
e.g., Vision 2030, and especially the medium term plans (MTP)?
Article 189(1)(c) provides that
“Governments at either levels shall liaise for the purpose of exchanging
information, coordinating policies and enhancing capacities. How much capacity
building and technical assistance to counties is happening?
Think of counties as business units,
each with a set of unique and complementary endowments. We can design and test
spatially explicit policies and programs that respond to local challenges and
opportunities, while leveraging the comparative advantage presented by
contiguous counties.
In line with the objectives of the
National Spatial Plan 2015-2045, we must develop regional and county plans that
harness respective endowments of counties in order leverage economies of scale
and foster regional economic integration.
We must build stronger cooperation and
coordination between the national and county governments. Counties must be well
resourced, with adequate human, financial and physical resources. As they get
stronger, counties must become socio-economic growth engines that deliver
equitable prosperity for all Kenyans everywhere.
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