History and Government Form 4 Notes : DEVOLVED GOVERNMENT.

DEVOLVED GOVERNMENT

Devolution refers to the granting of power from the central government to a lower level such as a region or a local level.

A ‘Devolved Government’ is a system where authority is transferred from a central government to a regional government. In a devolved government, power and resources are decentralized, with part of the political and economic decision-making transferred to the people through locally established assemblies.

Origin of Devolution in Kenya

The Lancaster House Conference of 1962 forms the basis of devolution in Kenya. When the independent constitution was drawn during the conference, a federal system of government as proposed by the KADU delegates was adopted. It made provisions for six regions. The legislature was to comprise two chambers (the Senate or Upper House and the Lower House).

However, after independence in 1963, the Kenyatta Government began plans to scuttle the system of government. By December 1964, KANU and KADU merged to form a unitary government of the Republic of Kenya.

The enactment of the new constitution on 27^th August 2010 reintroduced the concept of devolution in Kenya.

Kenya is divided into 47 counties, each governed by a County Governor with the assistance of the County Executive Assembly. The National Government is seated in Nairobi. To change county boundaries, the following must be considered:

Population density and demographic trends.
Physical and human infrastructure.
Historical and cultural ties.
The cost of administration.
The views of the communities affected.
The objectives of devolution of government.
Geographical features.

Reasons Why Devolved Governments Were Established in Kenya

To promote democratic and accountable exercise of power.
To foster national unity by recognizing diversity.
To give powers of self-governance to the people and enhance their participation in state decision-making.
To recognize the right of communities to manage their own affairs and further their development.
To protect and promote the interests and rights of minorities and marginalized communities.
To promote social and economic development and the provision of services throughout Kenya.
To ensure equitable sharing of national and local resources throughout Kenya.
To facilitate decentralization of state organs, their functions, and services from the capital.
To enhance checks, balances, and the separation of powers.

Principles of Devolution of Government in Kenya

County governments shall be based on democratic principles and separation of powers.
County governments shall have reliable sources of revenue to govern and deliver services effectively.
No more than two-thirds of the members of representative bodies in each county government shall be of the same gender.

Structure and Functions of a County Government in Kenya

The county government is composed of County Assemblies, County Executive Committees, and County Public Service.

County Assembly in Kenya

A County Assembly consists of members (one member per ward) elected by registered voters of the wards in a general election.

Members of special seats (no more than two-thirds of the assembly membership can be of the same gender).

Members of marginalized groups, including persons with disabilities and the youth, and the Speaker, who is an ex officio member.

Note: Members for special seats and marginalized communities are nominated by political parties in proportion to the seats received in the election in a particular county.

Conditions for Seeking Election to a County Assembly

The person must be registered as a voter in his/her county.
The person must have been a Kenyan citizen for at least ten years before the elections.
The person must be able to read and write in English and Kiswahili.
He or she must be of sound mind.
The person must be of unquestionable morals and ethics.
If a public officer, he/she must relinquish his/her public work.
The person must be nominated by a political party.
If an independent candidate, must be supported by at least five hundred registered voters in the ward concerned.
The person must not have been declared bankrupt.
The person must not have served a sentence of imprisonment of more than six months.
Must not have been a member of IBEC within five years before the date of election.
The person must not have misused or abused a state or public office.

Functions of a County Assembly

Make laws for the effective performance of the county government.
Act as a watchdog over the county executive committee.
Receive and approve plans and policies for managing and exploiting the county’s resources.
Approve policies for developing and managing infrastructure and institutions in the county.
Enhance legislation that sets out the structure and framework for better administration and management of county governments.
Approve oversight budgets and development projects within the county.
Approve investment decisions and loans.
Supervise other units within the county through political authority, guidance, and direction.
Monitor execution of projects under approved development plans and assess their impact on county development.

The Process of Law Making in a County Government

The County Executive Committee, comprising the governor, deputy governor, and ten other members, drafts the details of proposed legislation impartially.

Public servants in the county governor’s office participate in preparing the proposed law.

The County Executive Committee then presents the proposed legislation to the County Assembly.

Members of the County Assembly contribute to the bill during discussion and debate.

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Amendments and improvements may be proposed and incorporated.

If members approve the bill and it conforms with National Government legislation, it becomes a by-law of the county government.

The Structure of The County Executive Committee

The executive authority of the county is vested in the County Executive Committee. It consists of the County Governor, the Deputy County Governor, and not more than ten other members appointed by the County Governor with the approval of the assembly, who are not members of the assembly.

If the assembly has fewer than thirty members, the committee members should be one-third of the number of assembly members.

The County Governor and Deputy County Governor are the chief executive and deputy chief executive of the county, respectively.

Members of the County Executive Committee are accountable to the County Governor for their functions and exercise of powers.

Members cease to hold office once the office of the County Governor falls vacant.

Functions of a County Executive Committee

Implement county legislation.
Implement, within the county, national legislation.
Manage and coordinate the functions of the county administration and its departments.
Prepare proposed legislation for consideration by the County Assembly.
Provide the County Assembly with full and regular reports on county matters.

Powers and Functions of a Governor in a County Government

The Governor is the chief executive officer of the county. The Executive Branch, headed by the Governor, includes executive departments and advisory boards.
The Governor is the Chairman of the County Executive Committee.
He/she is in charge of implementing, within the county, national legislation as required.
Ensures, through the County Executive Committee, the implementation of county legislation.
Manages and coordinates the functions of the county administration and its departments.
Provides the County Assembly with full and regular reports on county matters.
Appoints, with assembly approval, members to the County Executive Committee.
Ensures that members of the County Executive Committee perform their functions and exercise their powers fully.
Handles, on behalf of the county, all external affairs with other counties in consultation with the central government (excluding those delegated to cabinet secretaries).
Prepares and submits the county budget for the following fiscal year.
Sets terms and conditions of service for persons holding or acting in public offices in the county.
By virtue of office, serves on certain boards and special commissions in the county. Chairs the Board of Public Works.

Election of a County Governor

The County Governor is directly elected by voters registered in the county at a general election for a term of five years.

To be eligible, a person must be eligible for election as a member of the County Assembly.

Each candidate for County Governor nominates a running mate as Deputy Governor.

If re-elected, the Governor can serve another final term of five years.

A County Governor Can Be Removed from Office Under the Following Circumstances

Gross violation of the Constitution or any other law.
When the County Governor commits a crime under national or international law.
When the Governor abuses office or is accused of gross misconduct.
When he/she suffers from physical or mental incapacity that hinders performance of office functions.

Functions of a Deputy Governor

Assists the Governor in managing and coordinating county administration functions.
Acts as Governor when the Governor is absent.
Assists the Governor in supervising the County Executive Committee.
As a member of the County Executive Committee, participates in preparing proposals for county legislation.
Assumes governorship if the Governor is incapacitated or removed.

Functions and Powers of a County Government

Assist in promoting agriculture by developing crop and animal husbandry, livestock sale yards, slaughterhouses, control of plant and animal diseases, and fisheries.
Provide and supervise county health services, both public and personal health.
Control environmental pollution by legislating to regulate air pollution, noise pollution, and outdoor advertising.
Promote cultural activities, public entertainment, and amenities such as libraries, museums, sporting facilities, casinos, beaches, and county parks.
Promote and regulate education at pre-primary, polytechnic, craft, and childcare levels.
Develop transport facilities through road construction, street lighting, ferries, harbours, and parking areas.
Regulate county planning and development through land survey and mapping, boundaries, housing, electricity, gas, and energy regulation.
Implement specific national government policies on natural resources and environmental conservation.
Put in place measures to control drug abuse and access to pornography.

Relationship Between National and County Government

Governments at either level must exercise their powers and functions respecting the functional and institutional integrity of the other.
Each government must assist, support, consult, and implement the legislation of the other.
Governments must liaise for exchanging information, coordinating policies and administration, and enhancing capacity.
Governments at different levels should cooperate in performing functions and exercising powers.
In any dispute between governments, reasonable efforts to settle the dispute should be made.
County governments rely on national legislation procedures to settle intergovernmental disputes.
Parliament at the national level ensures county governments have adequate support to perform their functions.
County governments must operate financial management systems complying with national legislation requirements.
National government may take measures on county government provided notice is given.
If a county government cannot perform its functions or comply with financial management requirements, the national government may intervene.

Challenges Facing County Governments in Kenya

Inadequate funds, especially in counties located in areas with limited resources, impeding essential service provision. Some counties are too small to operate efficiently.
Corruption and misappropriation of funds are common due to inexperienced management, as governors are elected by popular vote.
Rural-urban migration causes population pressure in urban counties like Nairobi and Mombasa, leading to slums, poor garbage disposal, and insufficient sanitary facilities.
National government interference in county affairs hinders free decision-making.
Election of ward members to manage ward affairs may hamper county operations, especially legislation.

Possible Solutions to the Challenges That May Face County Governments in Kenya

The National Government, through the Equalization Fund, should provide adequate financial support to counties in resource-limited areas to assist in essential service provision.
Counties too small to operate efficiently should be merged with others for better social service delivery.
Stricter vetting of candidates for county Governor and Deputy Governor positions should address financial management and corruption challenges.
Urban-based counties should receive more funding from the National Government to solve urban-related problems.
The National Government should create employment opportunities in rural counties to curb rural-urban migration.
Economically viable county governments should be given financial autonomy and freedom in decision-making by the National Government.

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