From the MINISTER
Towards a DEVOLVED GOVERNMENT
T
he adoption and promulgation of the Constitution of Kenya 2010 (CoK 2010) has rightly been described as a revolutionary step in Kenya’s history. It has been observed by many, that if properly implemented, the new Constitution will lead to a radical transformation of our motherland and bring unprecedented fortunes. One of the key pillars of the anticipated transformation is devolution of political power, responsibilities and resources to the County level. However, devolution is the most complex and least understood aspects of the Constitution. It also permeates all spheres of our society and departments of government. Effective implementation of devolution will therefore require that it is fully and properly understood by all Kenyans, before action on its implementation is taken. If devolution is properly understood and implemented, the Kenyan society should be fundamentally transformed, thus, leading to positive changes that people expect from the Constitution. Following promulgation of the Constitution, my Ministry recognized the central role and complexity of devolution and has endeavored to provide informed policy and legislative frameworks for its implementation. The Sessional Paper on devolved government under the Constitution of Kenya 2010 lays the policy foundations and pillars for its implementation. It outlines the policy frameworks and provides the necessary legislations and administrative actions needed to implement devolved governments. The Sessional Paper comprehensively gives direction on the implementation process paying attention to cities and urban areas, effective public service delivery, development planning, county public finance management, citizen participation and strategic risk management. Arising from its recommendations, the following Acts and bills were prepared; The Urban Areas and Cities Act 2011, Intergovernmental Relations Act 2012, Transition To Devolved Government Act 2012. Others are the County Governments Bill 2012 and Public Finance Management Bill 2012- Jointly done with the Treasury. Pursuant to the implementation of Chapter 11 of the Constitution, through the facilitation of the Steering Committee and the Taskforce, the Ministry developed the policy paper and drafted the five critical legislations on devolution. It has facilitated the appointment of the Transition authority which has been sworn to office. The has also establishment an Inter-ministerial Committee on Devolution with membership drawn from the office of the Prime Minister, Of- fice of The State For Public Service, Ministry of Planning, National Development and Vision 2030, Kenya Law Reform Commission and the Attorney General. Materials for civic education have been developed, tested and found adequate for the purpose. Other significant milestone achieved includes discussion with Parliamentary Committee on Local Authorities where it has been agreed that the development of Standing Orders for County assemblies would be done by Parliament. The ministry has trained 235 local authority officers under TOT (Training of Trainers) for civic education in counties and 15 Ministry officials as part of the TOT training for devolution. Giving Financial and Management Training to 280 local government officers is part of our capacity building initiatives in preparation for devolution. Lack of capacities in the current local authorities is one of the major anticipated challenges in the implementation of devolution. Fears among local authority staff over their future in public service and inadequate understanding of devolution among many Kenyans and the officers in local authorities are also anticipated to pose serious challenges. Other challenges include resistance to change, issues arising from concurrent functions and the task of performing the huge amount of work that has to be done. Implementation of devolution, particularly during the initial phases of transition is a delicate process that needs to be handled with utmost care. There is need for collective and integrated approach by all sector ministries towards carrying out the various transition activities that have a bearing on devolution such as devolving the functions currently being performed by line ministries at the county level. Hon. Fred Gumo, EGH, MP Ag. Minister, Local Government
The
COUNCILLOR
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