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IDLO

Kenya IDLO has been working to ensure that Kenya’s 2010 Constitution, which provides for one of the most ambitious devolution processes anywhere in the world, helps bolster the quality of justice, the delivery of services and the legislative process.

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Supporting the implementation of the Constitution

Devolution can save lives

In 2014, IDLO supported the review of proposed legislation and policies covering human rights, land, natural resources and the environment to ensure alignment with the Constitution. The process benchmarked all laws and policies against international examples and best practices, identifying gaps and making recommendations where necessary.

Prior to 2010, Kenya was highly centralized. The amount of work imposed on the central government led to inefficiency and delays in the delivery of services. There was little or no use of resources at the county level, which meant existing social opportunities were insufficient. Against this background, citizens and lawmakers saw the importance of devolving governance. Article 11 of the new Constitution embraced devolution. The document was adopted by referendum and promulgated on 27 August 2010.

Public finance management IDLO has provided technical assistance to Kenya’s National Treasury in developing an intergovernmental strategic plan on fiscal relations. We also helped review and finalize a Public Audit Bill, as well as developing public finance management regulations. At the local level, we have supported efforts by Kenya’s county governments, which now have devolved fiscal responsabilities, to deliver improved public finance accountability. Finally, we provided Budget Preparation training to staff involved in public finance management.

County-level attorneys In 2014, IDLO worked closely with Kenya’s County Attorneys Forum, a representative body for local-level lawyers, to further their engagement with the national legislative system. This is particularly necessary in relation to bills capable of drastically affecting countylevel legal operations, but also to ensure that countylevel legislation does not contravene national frameworks and constitutional stipulations.

The rationale was to ensure that services were taken closer to people and made more accessible. Since then, there have been notable changes. Most significant has been the devolution of health services, which have now become available to many more (though still not all) citizens. A perfect example is Samburu County, historically one of Kenya’s poorest and most disadvantaged regions, where in 2014, devolution made it possible to conduct the first Caesarean section since independence. This means that health as a devolved function has greatly impacted the livelihoods of ordinary Kenyans, especially those in marginalized settings. Barbara Kawira Japan, IDLO Field Program Associate, Nairobi

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Profile for International Development Law Organization

IDLO Annual Report 2014  

IDLO enables governments and empowers people to reform laws and strengthen institutions to promote peace, justice, sustainable development a...

IDLO Annual Report 2014  

IDLO enables governments and empowers people to reform laws and strengthen institutions to promote peace, justice, sustainable development a...

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