CIC: Fight for power slowing down devolution

Commission for the Implementation of the Constitution chairman Charles Nyachae and chairman of the Council of Governors Isaac Ruto during the launch of a devolution report in Nakuru on June 27, 2014. PHOTO | SULEIMAN MBATIAH  NATION MEDIA GROUP

In Summary

• The CIC said leaders had abdicated their roles and were busy fighting
• The county governments have also been unable to pass crucial Bills because they lacked enough qualified people to draft Bills

By JAMES KARIUKI
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Supremacy battles by various arms of government have hurt the implementation of devolution, a constitutional agency has said.

 

The Commission for the Implementation of the Constitution said leaders had abdicated their roles and were busy fighting.

The frequent wrangles between the National Assembly, Senate and the governors had eaten up time for approval of Bills, said the agency in a report launched in Nakuru on Friday at a ceremony presided over by CIC chairman Charles Nyachae.

The report decries the flurry of impeachment threats by members of the County Assembly against governors as a big blow to devolution.

“The focus on power instead of concentrating on responsibilities has adversely affected services. The delay of appointments of executive officers is a sign that all is not well. Most county governments are yet to establish coordination units at the locational level due to misunderstandings,” the report says.

It noted that the impression that the county governments were “dens of corruption” had also reduced Kenyans’ confidence in devolution.

As a result, the public refrained from giving their contribution on better leadership, yet their input was vital.

The county governments have also been unable to pass crucial Bills because they lacked enough qualified people to draft Bills, yet they have to be sent to the Kenya Law Reform Commission causing delays, said the report.

“Parastatals have declined to hand over functions that rightly belong to county governments such as agriculture, water and roads. This is reluctance by the national government to devolve these functions,” says the report.

The commission recommended that all marginalised groups be included through affirmative action law to guide such appointments.

To avoid duplication, the report indicates that attention should be focused on shared functions to ease the financial burden placed on counties.

The commission said the National Government should give up some functions that it was holding onto so counties can take up their roles fully.

Mr Nyachae said the current trend of impeaching or threatening to impeach governors, speakers and members of county executive committees severely compromised the success of the newly devolved units.

Mandera Senator Billow Kerrow said despite various challenges witnessed in the past year, devolution was there to stay.

“We struggled for 20 years for devolution to be introduced. It is here to stay and it must succeed for the sake of our people,” he said.

MONIES TO BE SPENT

Council of Governors chairman Isaac Ruto said county governments would not rush to spend money allocated for development to beat next Wednesday’s deadline.

He said the monies were in county governments’ principal accounts and would be spent in the next financial year on projects approved by county assemblies.

Mr Ruto said county coordination units would be established up to village levels to enable residents appreciate devolution and contribute towards its success.

On county policing roles, Mr Ruto said that they would consult with the National Police Commission (NPC) for enhancement of peace and stability.

Mr Nyachae said all county governments had agreed to abide by Commission on Revenue Allocation’s rules, and that more funds needed to be spent on development and not on recurrent expenditure.

He added that all funds committed for the execution of various projects in the past year would be rolled over to this year.