It is clear that most Kenyans are embracing devolution, a key component of the proposed structure of governance in the Harmonised Draft Constitution of Kenya.

Why? Kenyans yearn not only to have a say, but to also participate in the determination of who will lead them at the national and grassroots levels.

For, let’s face it, successive national governments have been out of touch with the challenges and development priorities of the people year-in-year-out.

The distribution of financial and human resources at the national level can at best be characterised as lopsided. Worse still, the development priorities and resource allocation remains inequitable and is captive of vested political and, or economic interests.

This scenario has led to disproportionate development and low standards of living across several regions in Kenya.

Thus, critical elements in the political struggles have taken the form of tribal and regional alliances largely aimed attaining power for control of resources.

However, the exercise of political power has thus far become, as a matter of practice, quests for the individuals’ self-preservation, cronyism and egocentric tendencies. And coupled with the disproportionate regional development and the widening of the gap between the rich and the poor.

It is this growing national characterisation that remains a source of tension and threat to the country’s socio-economic and political stability. We must, therefore, as a people confront this growing national melancholy before it is too late, in the wake of national polarisation, unemployment, insecurity and other societal ailments.

The fundamental questions, however, remain: Will devolution cure this? What levels of devolution are appropriate and at what cost? And in this light, what, then, would be the acceptable level of devolution that will be sustainable without additional tax burdens?

Sovereign power

Firstly, let us consider the objects of devolution as embodied in the Harmonised Draft Constitution of Kenya under Chapter 14, which are as follows:

Ensure the democratic and accountable exercise of sovereign power; foster national unity by recognising diversity; give powers of self-governance to the people at all levels and enhance the participation of the people in exercise of the powers of the state and recognise the right of local communities to manage their own local affairs and to form networks and associations to assist in that management and to further their development.

Also, protect and promote the interests of minorities and marginalised groups at all levels; promote social and economic development and provision of proximate, easily accessed services throughout Kenya and ensure equitable sharing of national and local resources throughout Kenya.

Further, facilitate the decentralisation of state organs, their functions or services from the capital of Kenya; promote the participation of the people in the making of decisions affecting them; and enhance checks and balances and the separation of powers.

It is also essential to consider the stated principles of devolved government in the Harmonised Draft, which are as follows:

Devolved governments shall be based on democratic principles and separation of powers; devolved government shall have reliable sources of revenue and autonomy to govern and deliver services effectively; and no more than two third of representative bodies in each devolved government shall be of the same gender.

Public Watchdog supports the objectives of the devolution and its underlying principle of enabling people to have a say in self-governance. Furthermore, devolved government facilitates and ensures participation, equity, protection of minority interests, autonomy and self-governance with enhanced checks and balances and separation of powers, while recognising diversity and assuring national unity.

Secondly, it is possible to achieve the objects of devolution without the Regional governments, which serve as an additional cost-centre and unnecessary bureaucratic governance pillar. We must rethink this level and reassign responsibilities to the national government and the counties.

The cost implication and efficiency would serve to enhance the benefit of devolution, while preserving the realisation of the objectives of devolved government. The determination of County government boundaries should, however, take into cognisance revenue generation sustainability. Nairobi Metropolitan, for instance, serves as a unique governance framework with significant predictable revenue.

Upper Legislature

Thirdly, the creation of a Senate, as an upper legislature, serves as an additional pillar of desirable checks and balances, as well as separation of powers with respect to the role of National Assembly.

However, the number of senators requires a rethink as well. It is instructive that the United States of America with nearly 300 million people has only 100 senators, whereas we are proposing the same number. In our view, 50 members can best represent Kenyans at the Senate.

Finally, the cost of democracy is high, but it need not necessarily reach the idealistic proposition in draft document.

Democracy must not be at all costs, as this would lead to no democracy — but a dysfunctional system.

This is a matter of compelling public interest!

—Comments and suggestions to
publicwatchdog@eastandard.net