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Flaking Devolution: Kenya’s Most Endangered Political Species

The hallmark of 2010 Constitution of Kenya is the introduction of devolution. The second tier of government enabled equitable distribution of national resources among the 47 recognized counties. Its function is almost similar to the ‘majimbo’ system adopted in the independence constitution.

The political cabal in Kenya includes the President, Deputy President, Speakers of Parliament, Governors, Senators, Members of National Assembly (MNAs), County Assembly Speakers and Members of County Assemblies (MCAs).

Why Governors are the Most Vulnerable Politicians

Among the aforementioned political class, governors are the most targeted in record of the political wars in Kenya. It is historically justified that governors in Kenya continue being fought by the Executive, Parliament and even the Judiciary.

The combined efforts of the three arms of government have troubled, festered and mutilated the progress of various counties. Counties are in doldrums due to political battles being directed to their respective CEOs. 

Reports designate a few top political Kingpins who threaten Governors within their political niche with impeachment warnings on account of not financing their political operations. Prior to 2017 General Elections, Party Leaders gambled gubernatorial nomination tickets with utmost devotion.

Media reports unraveled how a Party Leader from Western Kenya demanded a Governor elected on his Party ticket to be using County funds to fuel his personal vehicle. When the Governor resisted his order, he marshaled MCAs and directed them to initiate an impeachment motion. 

In Kenya, most governors are being fought from all angles. The funds that trickle down from National Government to County Governments are enormous. The appetite of most politicians salivating to control county resources inclines the center of attraction to county chiefs. 

Any attempt to shove away rogue political players from the county coffers, invites hatred and rejection. In 2017, most Senators and MNAs contested for gubernatorial posts because they believed that it was the short cut of becoming rich.

Kiraitu Murungi, Anyang’ Nyong’o, and Mike Sonko were among the Senators who trounced their governors in 2017 general elections. The coveted county position also attracted former MPs Hassan Omar (Mombasa), Paul Otuoma (Busia), Bonnie Khalwale (Kakamega) and John Munyes (Turkana) among others.

The percentage of political attrition for governors in 2017 General Elections was higher as compared to other political seats that were contested in that year. Governors political dip was derived from numerous corruption aspersions cast against them.

Challenges Facing Kenya’s Devolved Units

The continued battle for resource allocation to counties placed it on a collision course with the national government. Legislation for counties’ resource allocation continues being contested when Bills such as Counties Revenue Allocation Bill is brought to the Senate.

Since the establishment of devolved units, there has been a major challenge on coming up with an undisputable revenue sharing formula. 

The Health department was devolved in the 2010 constitution, subjecting health care workers to be among the county employees. The irregular disbursement of funds from the national government to devolved units occasionally results to salary delay among county workers. 

Most Counties in Kenya have lost the trust of both the suppliers and contractors due to late payment.

How Kenyan Senators ‘Molest’ Governors

Senators’ final authority to ratify impeachment of Governors, who have been impeached by their respective County Assemblies, has always been biased. The Senate being a quasi-judicial institution deploys political gimmicks to the disadvantage of justice.

Former Kiambu Governor Ferdinand Waititu lost his gubernatorial seat following a fall-out with President Uhuru Kenyatta. The Senate under the auspices of Uhuru Kenyatta and Raila Odinga marshaled their troops to teach Waititu a strong political lesson.

The same fate was applied to former Nairobi Governor Mike Sonko, who lost his seat after severing ties with Uhuru. Sonko’s dethronement from the helm of City Hall indicated how endangered the position of a Governor is in Kenya. Governors are ‘endangered political species’.

Sonko was fought by cartels, who wanted to control City Hall. The National Government convinced him to hand it four crucial departments to be controlled by the State fashioned Nairobi Metropolitan Services (NMS).

Sonko was dragged into corruption allegations and was ultimately impeached by Nairobi MCAs over gross misconduct and abuse of office. When Kirinyaga Governor Ann Waiguru was accused on similar grounds and impeached by County Assembly, the Senate under the direction of the Executive cushioned her from the negative impact of her misdemeanor.

Ann Waiguru came into limelight during her stint as Devolution Cabinet Secretary (CS), when she was accused of siphoning colossal amounts of money from the National Youth Service (NYS). Her proximity to the power-that-be prevented every effort to convict the former Devolution CS.

Devolution versus National Government

The major benefit of the 2010 constitution was the establishment of devolved system of governments. Having noted the disparity of resource allocation, there emerged an imperative desire to introduce the system of government that was to divide resources among 47 counties in Kenya

Each of the 47 counties was to have its own separate county assembly. A county was to be under the leadership of a governor. The deputy governor is to deputize the governor in every aspect and perform some duties delegated by the governor.

The advent of county governments eliminated the position of councilors and replaced it with Members of County Assemblies whose functions are almost similar with those performed by Members of the National Assembly. Each county assembly is guided by the speaker who is elected by members of the county assembly. 

County governments took all the amenities that were previously managed by the county councils. The position of a Mayor was eliminated in the 2010 constitution of Kenya

Benefits of devolution in Kenya

  • Unlike the past, decision making has trickled down to the grassroots. Delegated legislation is largely underpinned to issues facing the local people.

  • Areas that were previously deprived can enjoy financial resources allocated to counties.

  • Devolution has necessitated inclusivity in political representation. Nominated MCAs have increased the representation of minorities.

  • Unlike the past, no area can be victimized based on their political choices. Kenyans used to be punished with underfunding when they voted for an opposition candidate.

Related Content

  1. Kenyans Must Know: Back to the Roots of Independent Kenya

  2.  Kenya’s Second Independence: Multiparty Politics and Constitutionality

  3. Kenya’s Darkest Moments: When the Country went down the drains

  4. How Deep-rooted Tribalism, Corruption dented Kenya’s Reputation

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