NAIROBI,Kenya – This month, Kenya will celebrate 14 years since the promulgation of its 2010 Constitution, a landmark event that followed years of struggle and advocacy for a more equitable system of governance.
This Constitution redefined the relationship between the governed and those who govern, most notably through the introduction of devolution.
For the first time, power and resources were transferred to 47 devolved units, ending a central government system that had long favoured some regions over others.
Devolution has been transformative for governance in Kenya, leading to significant development, investment, and most importantly, a more equitable redistribution of resources across the country. Decisions regarding resources, manpower, and priorities are now made at the local level, reflecting the needs and desires of the communities being served.
Article 6(2) of the Constitution states that the two levels of government – national and county – are “distinct and interdependent” and should conduct their relations through consultation and cooperation. Article 189 further mandates that each level of government must perform its functions in a manner that respects the integrity of the other.
Despite these provisions, there have been ongoing tensions and complaints from the Council of Governors, Senators, and other representatives of the devolved units.
They argue that the national executive, led by the president, Cabinet, and other national organs, including the National Assembly, is undermining devolution. A significant point of contention has been the extent of the national government’s investment in devolved functions such as healthcare, leading to debates and negotiations aimed at resolving these issues.
A major concern has been the waste of resources and confusion arising from the duplication of roles. Professional bodies have also voiced their opinions. For instance, medical practitioners such as doctors, nurses, and clinical officers have called for a national commission to manage human resources, akin to the Teachers Service Commission.
Recently, Kenya endured a prolonged doctors’ strike over the remuneration and hiring of medical interns, highlighting the challenges in the health sector under devolution. It is crucial for all Kenyans that disputes between the two levels of government are settled amicably. The Intergovernmental Relations Act of 2012 was enacted to facilitate this process, ensuring the stability and effectiveness of the governance system.
This law established structures for intergovernmental relations, including the Council of Governors, the National and County Government Coordinating Summit, and the Intergovernmental Relations Technical Committee (IGRTC). The IGRTC, with its Secretariat and Board, manages the administration of the Summit and the Council, facilitating their activities and implementing their decisions.
The IGRTC has been instrumental in guiding the transfer of functions such as museums and libraries to county governments. It has also played a significant role in regulating betting, casino gambling, and disaster management functions. Notably, it has resolved 17 of 42 disputes through Alternative Justice Systems, addressing sensitive issues such as land and county boundaries.
A review of the enabling legislation is currently underway. Proposed areas for strengthening include dispute resolution to address the wastage seen in litigation costs between counties and the national government. For the IGRTC to be more effective, it needs to be removed from the State Department of Devolution and granted powers that elevate it to a status of authority, expertise, and independence.
The ongoing efforts to review and strengthen the legislative framework are steps in the right direction, aiming to uphold the spirit of devolution that Kenyans fought for and seek to improve.
