What we should do to bolster devolution

A devolved system of development and governance is about human economic freedom empowerment, shared prosperity and inclusivity.

An effective democratic devolution is the best avenue for the millions of Kenyans who have been historically marginalised, excluded and denied access to critical services and infrastructure to be part of Kenya. It is the crucible for nurturing national identity of Kenyanness as everyone will have a sense of belonging and citizenship.

Devolved development and governance system is about people-centered polices, processes, systems and institutions. It is about building and expanding local economic development base, creating more opportunities, equality and equity. However, the roadmap towards realising this vision is facing political hurdles.

The single largest economic and financial risk brought by the new Constitution is failure of the national government to rationalise and downsize in accordance with the devolved system of governance. Ministries, state corporations, and provincial administration with their attendant baggage are as intact as they were before the Constitution was promulgated. Rather than dismantling the old order, the national government is strengthening and enlarging both in funding and size.

The provincial administration is constitutionally abolished. The Jubilee government as first national government under the Constitution was legally required to restructure and downsize the national government. This is far from happening.

Devolution requires the national government to work through line national state ministries. A National State Ministry Technical Representative Officer should be appointed to represent national government ministries at county level with the responsibility of co-ordinating and implementing affairs of the ministry and the county departments. This will create a lean cost effective government with shared governmental processes and institutions. The functions of the national government at lower levels of the county should be carried out through the county administration structures.

County governments are constitutionally responsible for the political, administration, security and economic policy direction of counties in coordination, consultation and cooperation with the national government.

unnecessarily costly

It is therefore illogical that the entire national government administrative set up that existed before devolution can continue to be fully employed after devolution. This is unnecessarily costly, duplicative and imprudent.

Governors exercise the sovereign will of the people just like the President. The office of the governor and county governance system should be fully empowered to facilitate the operations and work of the national government in the counties. All civil servants in the former moribund provincial administration should be integrated in the county governance system on competence, capacity and need basis.

While national security is subject to the Constitution and Parliament, and is a function of the national government, the national government cannot live in denial of the pivotal role of the county government in security and law enforcement. The Constitution is clear on how a function can be transferred, partially or wholly, from one level of government to the other. The national government and Council of Governors should trigger Articles 10, 183, 187 and 189 (Transfer of functions and powers between levels of governments) of the Constitution to create properly structured and coordinated framework between county governments and National Police Service to address security and policing concerns at the county level.

County Policing and Security Authority should be fully operationalised and strengthened. This will create enabling mechanisms for close co-operation, co-ordination and consultation between the National Police Service and County Government with the objective of maximising the available limited resources for efficiency and impact of security services delivery

County Police Service should be established under the command of the Officer in Charge of National Police Service at county who level will be responsible and accountable for public safety and security comprising crime prevention, law enforcement and maintenance of order and any other crime not under the responsibility of the national crime agency. This is in tandem with other arms of criminal justice namely Judiciary and office of Director of Public Prosecutions that have devolved their services.