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L+'#( +% G#%/$#)#%,

Once again it is a pleasure to be here to make a statement

on the status of devolution and engagement with

development partners.

Let me begin by making some theoretical underpinnings of

our devolved system of government.

The case for devolution is traditionally prosecuted on the

ground that it brings public services closer to the people,

who have more opportunities to participate actively in the2


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decision-making processes of local policies, than in centrally

decided ones. This participation in turn contributes to

improved accountability and transparency, due to the fact

that people can scrutinize devolved governance structures

more closely than central governments.

The services are also delivered more speedily than in the

case of a centralized administration, since devolution

reduces often lengthy bureaucratic procedures for decision

making and implementation. The services then become more

responsive, and are tailored for different needs of different3


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localities. Accordingly, large bureaucracy at the center can

be reduced, and limited public resources are more efficiently

and effectively utilized.

otwithstanding the many, and substantial, advantages andbenefits of devolution, this model of governance does not

come without some potential disadvantages or risks. !t is

therefore very important that there is a clear understanding

of such risks, so that appropriate safeguards or preventive

measures can be taken or put in place. Among such risks

include the likelihood of inter-regional ine"ualities, which4


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perpetuate intra-national poverty gaps and foster politically

destabilizing forces.

#ince different counies are differently endowed in terms of

natural resources, levels of economic activities, amongothers, some counties are likely to generate more revenue

than others and afford their residents better "uality services

than is provided in poorer $urisdictions. The loss of central

command on posting of staff means that in our case, a

county-based market for skills has been created and the

counties that offer better opportunities for people with these5


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skills will benefit at the e%pense of others. &'etter

opportunities( in this regard should be understood in the

broadest sense to include openings for self-advancement,

social and physical infrastructure, as well as recreational

comforts.

)evolution can bring higher risks of resource*power capture

by local elites or special interest groups. +ithout ade"uate

safeguards, there is a risk that powerful or well placed local

elites may be able to capture the resources and powers

conferred on county governments, and use these resources6


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and powers for their own benefit *interest. !n particular, there

is a risk that the new minorities within ounties could be

marginalised.

!t is therefore imperative that particular attention be paid tothe issues of oversight and accountability. This could include

legislation to ensure transparency and openness in the

conduct of ounty affairs, effective oversight by the enya

ational Audit Office /AO0 and the onstitution

!mplementation ommission !0, the strengthening of

ounty Assemblies, and the enabling of public participation.7


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)evolution represents a more comple% form of governance.

reation of several levels of government brings comple%ities

as to roles and functions, relationships, and revenue and

power sharing.

1owever ladies and gentlemen, the reason the enyan state

adopted devolution as a system of government is not only

located in abstract theory, but also in the reality of our

history and politics.

8


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!t is argued that a political system in which the winner-takes-

all in a society where ethnic divisions are deeply embedded

is inherently unstable. 2nder this scenario, elections do not

resolve deep-seated regional, ethnic, or religious differences

and that therefore devolution provides a political mechanismfor pre-empting and managing simmering conflicts.

!t is further contended that political reforms aimed at

democratising enya needed a mechanism to smoothen the

transition of the country from an undemocratic order to a

more democratic one.

9


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3oreover, devolved governments provide a structured

mechanism for including minorities in the broader tent of

government. /thiopia, 4wanda, 2ganda, #outh Africa among

others, have gone through this route to contain regional and

ethnic differences through decentralised governments.enya therefore needed to turn to devolution to broaden

political inclusion, smoothen the path of transition and

mitigate against the winner-takes-all model. 2nder our

devolved constitutional scheme for e%ample, a minimum

budgetary allocation is guaranteed to all counties

10


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irrespective of who won the political contest in those

counties.

L+'#( +% G#%/$#)#%,

5ollowing the promulgation of the onstitution of enya

6787, The government has developed and 9arliament has

enacted various laws to facilitate devolution. These include:

- The 2rban Areas and ities Act, 6788

- The ounty ;overnments Act, 678611


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- The Transition to )evolved ;overnment Act, 6786

- The 9ublic 5inance 3anagement Act, 6786

- The ounty ;overnments 9ublic 5inance 3anagement

Act, 678

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