By Odhiambo Jerameel Kevins Owuor
Worth Noting:
- Devolution was intended to bring services closer to the people and create a platform from which women, marginalized communities and minorities could participate more effectively in decisions that affected their economic and political well-being.
- Under the post-2013 system, county governments were given a constitutional mandate to raise revenue, and to develop and implement budgets, plans and policies for delivering effective services that improve the welfare of Kenyans. According to the Constitution, the National government is obligated to share at least 15% with the various county governments.
- The County governments have as well been empowered to raise taxes on their own. It might be imperative to note that some counties in Kenya have over years been marginalized and some are not economically endowed like others. This definitely presents a challenge.
One of the integral components of the Constitution of Kenya 2010 has to be devolution. The objects of devolution according to the Constitution include: to promote democratic and accountable exercise of power; to foster national unity by recognising diversity; to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them; to recognise the right of communities to manage their own affairs and to further their development; to protect and promote the interests and rights of minorities and marginalised communities; to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya; to ensure equitable sharing of national and local resources throughout Kenya; to facilitate the decentralisation of State organs, their functions and services, from the capital of Kenya; and to enhance checks and balances and the separation of powers.
Peter Wanyande and Tom Mboya argue that ‘For close to three decades Kenyans clamoured for a new constitution and a change in the way the country was governed. The search for a new constitution was informed by many factors. One key factor was the dissatisfaction with the highly centralized model of governance, associated with imbalance in resource allocation resulting in ethno-regional development inequalities, marginalization of some communities and failure to involve the people in governance processes, among other ills. The people therefore yearned for a more equitable distribution of national resources and an end to development inequalities between regions of the country, fuelled largely by ethnicity. It is against this backdrop that on 27th August 2010 the country promulgated a new constitution.’
Devolution was intended to bring services closer to the people and create a platform from which women, marginalized communities and minorities could participate more effectively in decisions that affected their economic and political well-being. Under the post-2013 system, county governments were given a constitutional mandate to raise revenue, and to develop and implement budgets, plans and policies for delivering effective services that improve the welfare of Kenyans. According to the Constitution, the National government is obligated to share at least 15% with the various county governments.
The County governments have as well been empowered to raise taxes on their own. It might be imperative to note that some counties in Kenya have over years been marginalized and some are not economically endowed like others. This definitely presents a challenge. A good example the revenue for Mombasa, Nakuru, Kisumu and Nairobi cannot be compared to the revenues for Turkana, Samburu, Elgeyo Marakwet, Garissa, Wajir and Mandera. This is where the government comes into the picture with the 15% share of national revenue. Overtime it has been noted that counties cannot survive on the taxes they impose on the residents for it is inadequate to address the various county’s needs.
The percentage that the national government should give to the county governments is a constitutional command and thus it is not at the will and discretion of the executive to determine whether to send the money or not. Sorry to say, the national government has demonstrated overtime that it can forfeit what the Constitution states and this has led to huge blow for counties. Or am I the only one who has heard various counties complaining that they haven’t received their share of funds from the national treasury? The National Government has demonstrated that it doesn’t want matters devolution. It is not once that county governments have threatened to halt operations courtesy of lack of funds.
Devolution being the noble idea as it was envisioned was meant to make lives of Kenyans easier and for them to seek services easily without having any constraints. The moves by the national government not to give funds to the counties are a move to make sure that devolution doesn’t work. What the National government ignores is that they are punishing the Kenyans and not the governors. The Council of Governors Chairperson has stated in the past how sometimes the national government fails to disburse funds for close to six months. This ideally creates challenges for operations in the county. Just like oil is integral for vehicles by the same token counties can only function when they get what the constitution entitles them to have by all means.
It was even laughable when the President His Excellency Uhuru Kenyatta and Former Prime Minister Right Honourable Raila Amollo Odinga called for amendments of the Constitution to raise the share the national government disburses to counties. Let me then pose the question, if 15% is that difficult for the national government to disburse what of a percentage higher than 15%. The two persons were definitely making a mockery of our intelligence. Devolution was and is still a good idea. The counties have various functions that they are mandated by the law to do. This can’t be done without support from the national government. The national government has demonstrated that it abhors devolution by failing to disburse funds to the county governments.
Odhiambo Jerameel Kevins Owuor is a law student at University of Nairobi, Parklands Campus. He often comments on matters governance, politics, law and contemporary issues.
Jerameel Kevins Owuor Odhiambo