The Kenyan Constitution 2010 Preamble states inter alia “We, the people of Kenya, Exercising our sovereign and inalienable right to determine the form of governance of our country and having participated fully in the making of this Constitution.”
And with the conclusion of the 2013 General Election, devolved governance took an irreversible turn with election of county governors and representatives at all levels of government.
For the past year, however, the Transitional Authority which is tasked with easing the handing over of very specific functions and tangible properties has been hard at work fulfilling this mandate. Theirs has been a frustrating task and has unmasked the sorry state of many county facilities or their lack thereof. And here comes the full import of the job ahead for the governors.
Their work and discourse with the central Government has been tasked through county commissioners appointed last year despite the ruckus this decision generated. Induction for governors in Naivasha two days ago was attended by the President, but degenerated into a shouting match between the elected leaders and State-appointed administrators. Was it just about who shall control the county purse strings or is there an illegality being perpetrated?
Devolution does not envisage fully autonomous governments-within-government. It does not even suggest a federal state or one with a decidedly majimbo hue. Enactment of the National Government Co-ordination Act legitimised the station of county commissioners.
Section 17 of the Sixth Schedule says, “within five years after the effective date, national Government shall restructure the Provincial Administration to accord with and respect the system of devolved government under this Constitution.”
And section 15(1) allows the Public Service Commission to recruit and appoint national Government administrative officers to co-ordinate national Government functions. These include a commissioner in respect of every county.”
Section 16 of the Act further provides that, a national Government administrative officer appointed under the Act shall have all the powers necessary for the proper performance of the functions under the Act or indeed any other written law.
This, the President has followed to the letter.
There should be no fear that county commissioners will usurp the powers of governors, as Article 189 defines co-operation between and among national and county governments. Article 174(h) says the objectives of devolution of government are “to facilitate the decentralisation of State organs, their functions and services, from the capital of Kenya.”
Article 191 (3) (c) of the Constitution is clear the role of National Government at the county level: Maintenance of National security; maintenance of economic unity, protection of common market in respect of mobility of goods, services, capital and labour; promotion of economic activities across county boundaries; promotion of equal opportunity or equal access to government services; and protection of the environment.
Where is the overlap then? Can we tone down the rhetoric in the political echo chamber and get down to doing some honest work for Kenya?
