Samuel hall is a research and consulting company based in asia kabul, afghanistan and east africa nairobi, kenya. Although the constitution has created two levels of government and fortyseven counties, kenya is still a unitary. Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. A report on the implementation of devolved government in kenya it also prepared a draft sessional paper on devolved government in kenya, 2011. This definition is adopted from chapter 11 of the constitution of kenya 2010 on devolved government. Pdf ikm conveyancing alert new land laws in kenya 2012 \u20 what you need to know 28th may 2012 introduction the. Devolved government part 1objects and principles of devolved government 2objects of devolution. This means that while kenya will not have a devolved level of local government below the county level, there will be elected officials representing those smaller geographic units. Equity and gender concerns in managing devolved funds in. The implementation of the devolved system of governance commenced in march 20 following the general elections held that year. In this report, devolution is taken to mean a form of decentralisation which involves statutory granting of powers from the central government to government at subnational level, such as a regional, local or state level. This report argues that devolution will benefit not just from a county government with technical capacity, but also from a senate capable of defending the principle. Forty seven county governments came into operation two and half years ago following the general elections of march 20. Kenya a sovereign republic art 4 1 a multiparty democratic state art 4 2 two levels of government i.
Devolution and county governments article 6 of the 2010 constitution created a decentralized system of government that devolved. Building public participation in kenyas devolved government. A report on the implementation of devolved government in kenya volume. Operation of provisions relating to devolved government 14.
Give powers of selfgovernance to the people and enhance the participation of the people in the exercise of the powers of the state. The constitution, among other things, introduced a devolved system of government, composed of 47 counties and a national government. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenya s fortyseven county governments. On behalf of undp kenya, i am pleased to share some highlights of the results of devolution under our support to the government of kenya through the integrated support to the devolution process in kenya project 2014 2018. Devolution a more comprehensive form of decentralization that represents a form of power sharing between central and subnational government 50 has recently been introduced in kenya.
Devolved government and local governance in kenya in. Rapid devolution of water services requires greater clarity and certainty on key issues the new government of kenya elected in march 20 committed itself to rapid transfer of devolved functions to the counties. This project has been implemented with the invaluable contribution of the governments of united kingdom. It also recalibrated the powers between executive, legislative and judicial branches. National government is mandated to support counties, and to do so in consultation with county leadership and stakeholders, focusing on clarifying role of the regional boards. However, the same word is often used to describe different things. The activity works with other stakeholders to address crosssectoral. Services, in collaboration with other government authorities, have taken to move the devolution process alongcreating policy papers, position papers, and strategic frameworks and setting up a core committee on devolution in the health sector. Kenya political situation on march 4, 20, kenya held its first elections since 2007, when postelection violence resulted in 1,500 deaths and the displacement of more than 600,000. This report argues that devolution will benefit not just.
National government and county government the two levels of government are interdependent and distinct art 6 2 fourth schedule specifies functions of the national government and those of the county governments. The arm of government that implements government laws and policies the executive exists at both the national government and county government levels the national executive shall comprise of the president, the deputy president, the a. Oct 22, 20 in a new interactive, the kenya devolution and resource sharing calculator, mwangi kimenyi examines the current allocation of resources to kenya s county governments and invites governments to. The policy is anchored in the constitution of kenya 2010, sessional paper of devolved government 2012 and national values and principles of governance. Devolution in kenya principles of devolved governments in kenya the devolved government in kenya will. It is a regional and crossborder issue, with a strong political dimension that goes beyond the existing humanitarian agenda. Kenya devolution study 2 legislation of each county will provide for villages as further decentralized units. The policy is anchored in the constitution of kenya 2010, sessional paper of devolved government, 2012 and national values and principles of governance.
The nerve centre is a devolved system of government, comprising one national government and 47 county governments. Devolution the 2010 constitution of kenya is a turning point in countrys history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. We specialise in socioeconomic surveys, private and public sector studies, and impact assessments for. This paper attempts to look at the aims of devolution in kenya,the its impact to the country and measure if devolution is the break for kenya from being labelled as a third world country. Kenya also has a young, ambitious and welleducated workforce eager to contribute to the development of the country, and which has helped kenya become a leader in mobilemoney and informationandcommunication technology. Pdf this work sets out the structure and potential benefits of decentralized government in kenya and, against that background, advocates, provides. Preparation for county governments kenya will be transiting from centralised government to devolved government and this will entail the abolition of existing structures and creation of new ones.
Devolution system made simple 3 introduction devolution is one of the major changes that the constitution adopted by kenyans at the referendum held on 4th august 2010 and promulgated on 27th august 2010 has made to the arrangement of government in kenya. The lessons learned from this research have very important policy implications for the devolved government system in kenya. Equity and gender concerns in managing devolved funds in kenya. It may therefore be too early to conclusively assess. Kenya has a long history with decentralization and. Dickson omondi, national democratic institute subnational accountability under kenyas new constitution. Distribution of functions between the national government and county governments29. This file is licensed under the creative commons attributionshare alike 4. Devolution is a principle of good governance devolution in kenya, by its character, object and principles, envisioned to provide opportunity for. Within this new context of devolution, the implementation of these health policy commitments will now shift. Promote the democratic and accountable exercise of power. It is a regional and crossborder issue, with a strong political dimension that goes beyond the existing humanitarian.
Kenya is a democratic republic with two spheres of government. Some of the key legislation passed by parliament are outlined below. Against that background, a program of actions is advocated and discussed to derive those benefits, as well as in accordance with the objectives and principles of devolved government spelled out. The law society of kenya lsk and other csos successfully challenged this amendment in court,35 demonstrating36 the power of the current system to check executive excesses. Unlike other countries where the devolution process of the three powers has been sequentially attained 1, in kenya the experience has been a big bang where the three types of decentralisation were achieved at once with. The country has overcome several challenges and milestones in a bid to make the devolution. Part 1objects and principles of devolved government. Why kenya chose devolved system sunday february 2011 by giving the local community an opportunity to take part in planning and implementing development projects, devolution. Devolution in kenya devolved county government in kenya. The purpose of this policy is to improve the implementation of the devolved system of government in order to achieve optimal service delivery. At the end of its work, the task force prepared a report titled final report of the taskforce on devolved government volume i.
Introduction k enya s new constitution mandates a new era of public participation in government, particularly within the devolved government structure. Ethnic communities under kenyas devolved system page 5 towards constitutional reform resulting in the adoption of the 2010 constitution. From the pilot, the ministry of health developed a manual for integrating. It provides legality and life to devolution while also requiring parliament to enact legislation to give effect to its provisions on devolution. Laws on devolution the constitution of kenya, 2010 creates a decentralized system of government wherein two of the three arms of government. The scale, scope and complexity of kenya s devolution 12 how the public sector functions today, and where it has failed 12. The new government of kenya elected in march 20 committed itself to rapid transfer of devolved functions to the counties. In 20, the constitution introduced a devolved system of government which aims to enhance access to health services by all kenyans, especially those in rural and hard to reach areas republic of kenya 2012.
Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy. Workshop on devolution and local development in kenya. Each county has an assembly, governor, and senator elected directly by the people and a county assembly elected with representatives from wards within the county. This has triggered a negotiation between the uk government and the eu on the terms of withdrawal. Devolution means that decision making moves closer to the citizen and is more democratic. The new government s main agenda is to implement the constitution of kenya 2010, which introduced two levels of government national and county. Mr wamwangi, who chaired the authority that midwifed devolution, says that devolution has not only improved the economic and social welfare. One of the hallmarks of the 2010 kenya constitution is the introduction of the devolved systems that run parallel with the national governments.
The constitution has brought in major administrative reforms in public service and governance. Society for international development sid regional of. Analytical work documents how kenyans pay more frequent bribes for business and informal fees for. Ensuring and coordinating the participation of communities and locations in governance at the local level.
We do hope that you find the information in this publication a useful. Brexit and devolution 7 3 the eu referendum and its impact on the governance of the united kingdom as a consequence of the eu referendum of june 2016 the uk has activated article 50 of the treaty on european union. Handbook on devolution 8 the constitution of kenya, 2010 the primary source of legislation on devolution is the constitution of kenya. It provides one of the few cases in the african context that allows us to examine the effect of decentralization on patronage and rent. Devolved government and local governance in kenya article pdf available in african and asian studies 3. Whats next in kenyas evolving devolution landscape. Supporting poorinclusive wss sector reform devolution in kenya. It is a unique and new experience to a majority of kenyans. Kadp and kdsp continue to provide evidencebased analytical and capacity building solutions to emerging challenges of devolution such as. The new government of kenya elected in march 20 committed itself to rapid transfer of devolved. Transition to devolved government act 2012 provisions.
There have been different forms of devolution in the uk for decades and it is common in other parts of the world. Kenya agile and harmornized assistance for devolved institutions ahadi ahadi supports kenyas devolution agenda by partnering with kenyan institutions to promote transparent, accountable, effective service delivery and responsive governance systems. Since then, kenyans have had a chance to elect representatives in the county government twice 20 and 2017. The devolved system of government is the centrepiece of kenyas new constitution. An act of parliament to provide a framework for the transition to devolved government pursuant to section 15 of the sixth schedule to the constitution, and for connected purposes enacted by the parliament of kenya, as followspart ipreliminary short title.
The last general election of kenya was held on 4 march 20. Provide mechanisms for the resolution of intergovernmental disputes where they arise. Devolved government and local governance in kenya 339 african and asian studies 2014 338358 introduction after they had gained independence, many african countries, including kenya. Country profile overview kenya has the largest, most diversified economy and the second largest population in east africa. Devolved fund, socioeconomic welfare introduction according to dacks 1990, devolution means the transfer of powers from a higher or central order of government to a regional or local order of government. Information from its description page there is shown below. Kenya is undergoing devolution of its health sector as part of the new constitutional order republic of kenya 2010. Devolved government kenya law reform commission klrc. Sep 16, 2014 the potential benefits from devolved government are analyzed with critical examples drawing from kenyas current economic and political environment. Supporting poorinclusive wss sector reform devolution in. A report on the implementation of devolved government in kenya it also prepared. The devolved administrations exercise considerable autonomy when it comes to tackling poverty. Centre for devolution studies cds, kenya school of government e.
The devolved system of government further aims at promoting equitable, efficient and prudent utilization of public resources. Chapter eleven devolved government kenya law reform. The role of devolved governments in a strong national social security system. Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy devolution differs from federalism in that the. In 20, the government held its first general elections under the new constitution, which set up national and devolved governments, including 47 new county governments. The last of the 14 powers devolved to kenya s county governments in the constitutions fourth schedule is. This marked a complete departure from the centralized system of government that has been in operation since independence. It is our intention to empower kenyan citizens by providing. The authors devolution, democracy and development in kenya agnes cornell and michelle darcy. Keeping the transition honest a civil society score card 4.
Separation of powers in kenyas devolved administrative. It occurs when a regional or a local government formally receives either broad powers over a specific territory or more limited. The potential benefits from devolved government are analyzed with critical examples drawing from kenya s current economic and political environment. Devolved system of government wambua kituku, university of nairobi 10. Pdf devolved government and local governance in kenya.
At the end of the second quarter of the year two thousand and ten 2010 the government of kenya promulgated a constitution dubbed as the the new constitution or constitution 2010. Against that background, a program of actions is advocated and discussed to derive those benefits, as well as in accordance with. Provides mechanism of how devolved system of government should be implemented establishes structures that will assist in the implementation of the devolved government national government coordination act 20. A law that restructures the national government operation. Ethnic communities under kenya s devolved system page 5 towards constitutional reform resulting in the adoption of the 2010 constitution. It is a contribution to the political and academic debate on the devolved governance system in kenya and should serve as useful input for the work of political decisionmakers, civil society organisations csos, scholars, and international organisations as well as journalists. The following institutions have been established to operationalize this new system of governance. An act of parliament to provide a framework for the transition to devolved government pursuant to section 15 of the sixth schedule to the constitution, and for connected purposes enacted by the parliament of kenya, as follows part ipreliminary. This act may be cited as the transition to devolved government act, 2012. The current form of devolution in the uk goes back to. Discuss the process of devolution from the perspectives of the public service commission.
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