Gains define devolution but setbacks abound five years on

Five years on and counties are still grappling with pending issues to fully implement devolution as stipulated in the Constitution.

This year’s annual conference to be held in Kakamega County next week comes at a time when there is urgent need for open dialogue to bridge the gap that has existed between the two levels of government, hampering the process since 2013.

Governors are still crying foul that despite commitment by the Jubilee administration to actualise devolution, there are still grey areas yet to be tackled.

Top among them is devolution of assigned functions to counties, adequate resourcing, and intergovernmental relations between the two levels of government, efficient of the e-procurement and the Integrated Financial Management Information System (IFMIS), the assets and liabilities by the defunct local authorities.

CLOSER CONSULTATION

The grey areas surround devolution of regional development boards, the roads function, including the roads maintenance levy, the health function on the Medical Leasing Equipment Scheme, and welfare of healthcare providers, delayed disbursement of funds and inadequate resourcing of counties, establishment of county policing authority and anti-devolution laws.

The governors want the constitutional commissions with responsibilities relating to devolution to protect its objectives through closer consultation to enhance harmonised approach with the National Government, Parliament, county governments and other stakeholders.

But the State and Parliament are pointing accusing fingers at the county bosses who they claim are not consultative and not ready to be held accountable.

As much as Senate is the primary institution mandated in law to protect counties and their interests, the senators say they have done their best but are always let down by governors who are opposed to accountability.

“The complete devolution of functions and allocation of commensurate resources will be complete once all those pending issues have been defined. There should be consistent dialogue and negotiation between the two levels,” said Governor Anne Waiguru, the Vice Chairperson of the Council of Governors (CoG).

But a governor, who declined to be named, said the government should fulfill its pledge to ensure a seamless transfer of funds and allocate enough resources.

“To be honest, county governments are struggling. Especially on roads and health, we are yet to receive funding. Last year, the government undertook to pay striking doctors, nurses and paramedics,” said the Governor.

“We expected these funds to be included in the recurrent or conditional allocation budget. These are some of the pending issues we expect President Uhuru Kenyatta and his deputy to give a commitment to as they are spill overs from 2013.”

Governors fault the historical costing, which they claim has been disadvantageous as they get less funds, yet MPs are plotting to manage the Equalisation Fund.

TRACKING SYSTEM

The county chiefs are also displeased with the failure to devolve the regional boards.

“The board’s transverse five counties, managing this is complex. We need to work on regional blocs to take up the functions since they cannot be properly run without secretariats and funds,” says Waiguru, who is a former Devolution Cabinet Secretary.

Senate Speaker Ken Lusaka, Majority Leader Kipchumba Murkomen and Majority Deputy Whip Irungu Kangata say they are doing everything to ensure devolution works.

“Senate has put in place a tracking system on all legal issues. The Justice, Legal Affairs and Human Rights Committee has been tasked to check the laws and ensure those offensive to devolution are repealed. The committee will also work closely with counties to come up with legislation to address the challenges faced,” says Lusaka.

Kangata concurs with governors that there is a lacuna, especially after the exit of Transition Authority and the establishment of the Intergovernmental Relations and Technical Committee chaired by Prof Karega Mutahi.

MORE POWERS

“The new entity by Prof Mutahi will now be permanent and given more powers. It operates as an ad hoc committee presently,” says Kangata. He urges the CoG to be pro-active and engage the Senate.

Murkomen accuses governors of failing to deposit agreements with the national government and the Senate, making it difficult to pursue their concerns.

“We cannot guarantee implementation if we are not in the picture of the deal between the two levels of government. The Constitution is very clear on our mandate. Our challenge is ensuring accountability, which the executive in the counties is resisting,” says the Elgeyo Marakwet senator.

He blamed the challenges to unholy alliance between county executives, local auditors and the EACC to come up with doctored reports.

The chairman of the now-defunct TA, Kinuthia Wamwangi, blames governors and the state for challenges faced.

He urges the governors to check the gazette notice for the devolved functions, saying they could be blaming the government yet they are the ones not in the know.