Friday 6 June 2014

LAWS RELATING TO DEVOLUTION IN KENYA

  

1. The County Governments Act No.17 of 2012

The County Governments Act, 2012, is an Act of Parliament that gives effect to Chapter Eleven of the Constitution (on Devolved Government); to provide for county governments' powers, functions and responsibilities to deliver services and for connected purposes.

The Act received presidential assent on 24th July, 2012. It came into operation upon the final announcement of the results of the first elections under the New Constitution in March 2013.

Get your copy of the County Governments Act, 2012 here.

 2. The Public Finance Management Act, 2012

The Public Finance Management Act, 2012, is an Act of Parliament that provides for;
(i) the effective management of public finances by the national and county governments; 
(ii) the oversight responsibility of Parliament and County Assemblies; 
(iii) the different responsibilities of government entities and other bodies; and 
(iv) for connected purposes.

Subject to article 116 (3) of the constitution, all provisions relating to the county governments act under this Act came into operation upon the final announcement of the results of the first elections under the New Constitution in March 2013.

Get your copy of the Public Finance Management Act, 2012 here. 

3. The County Governments Public Finance Management Transition Act No.8 of 2013

Commencement: 25th January, 2013

The County Governments Public Finance Management Transition Act No.8 of 2013 is an Act of Parliament that provides for, pursuant to section 15 of the  Sixth Schedule of the Constitution, a framework for;
(i) establishment and functions of Transition County Treasuries; 
(ii) the transition county budget process;
(iii) transition revenue raising measures and expenditures for county governments; 
(iv) responsibilities of transition county accounting officers and receivers of revenue; and 
(v) for connected purposes  

Get your copy of the County Governments Public finance Management Transition  Act No.8 of 2013 here.

4. The Transition to Devolved Government Act, 2012

Date of Commencement: 9th March, 2012

The transition to Devolved Act, 2012, is an Act of Parliament that provides a framework for the transition to devolved government pursuant to section 15 of the Sixth Schedule of the Constitution, and for connected purpose.

Get your Copy of the Transition to Devolved Government Act, 2012  here.

5. The Urban Areas and Cities Act No.13 of 2011

The urban Areas and Cities Act, 2011 is an Act of Parliament that gives effect to Article 184 of the Constitution;
(i) to provide for the, classification, governance and management of urban areas and cities;
(ii) to provide for the criteria of establishing urban areas;
(iii) to provide for the principle of governance and participation of residents; and
(iv) for connected purposes  

Get your copy of the Urban Areas and Cities Act, 2011 here. 

6.  The Intergovernmental Relations Act No.2 of 2012

The Intergovernmental Relations Act, 2012, is an Act of Parliament that establishes a framework for consultation and co-operation between the national and county governments and amongst county governments; to establish mechanisms for the resolution of intergovernmental disputes pursuant to Articles 6 and 189 of the Constitution, and for connected purposes.

The Act came into operation upon the final announcement of the results of the first elections under the New Constitution in March 2013.

Get your copy of the Intergovernmental Relations Act, 2012 here.

7. The Basic Education No.14 of 2013 

Date of Commencement: 25th January, 2013

The Basic Education Act, 2013, is an Act of Parliament that gives effect to Article 53 of the Constitution and other enabling provisions; 
(i) to promote and regulate free and compulsory basic education;
(ii) to provide for accreditation, registration, governance and management of institutions of basic education;
(iii) to provide for the establishment of the National Education Board, the Education Standards and Quality Assurance Commission, and the County Education Board; and
(iv) for connected purpose

Get your copy of the Basic Education Act, 2013 here.
 

8. The Transition County Allocation of Revenue Act No.6 of 2013

Commencement: 25th January, 2013

The Transition County Allocation of Revenue Act, 2013, is an Act of Parliament that provided for:
(i) allocations for wages and administration costs for the county executive and county assemblies for the period March to June, 2013
(ii) the responsibilities of national and county governments in relation thereto; and
(iii) for connected purposes.

Get your copy of the Transition County Allocation of Revenue Act, 2013 here. 

9. The Transition County Appropriation Act No.6 of 2013

Date of commencement: 25th January, 2013

The Transition County Appropriation Act, 2013 is an Act of Parliament that authorized the issue of sum of money out of the relevant County Revenue Fund and its application towards the service of the year ending on the 30th June, 2013 and to appropriate that sum for certain respective county public services and purposes.

Get your copy of the Transition county Appropriation Act, 2013 here. 

10. The Public Finance Management Act Amendment Bill 2014

The Public Finance Management Act Amendment Bill 2014 is an Act of Parliament to amend the Public Finance Management Act, 2012.

For more details on this bill, get your copy here.

 

11. The County Industrial  Development Bill, 2013

The county Industrial Development Bill, 2013, is an Act of Parliament to establish the County Industrial Development Board, to promote and facilitate economic growth through industrial development in all counties, and for connected purposes. 

Get your copy of the County Industrial Development Bill here.
 
 


 
 

 



 



 


 


Monday 5 August 2013

How to Ensure Quality Services in Devolution

 How to Ensure Quality Services in Devolution
  
By Ndung'u Wainaina

One of the critical features of the Constitution of Kenya 2010 is the creation of a devolved co-operative system of governance dismantling the old oppressive and skewed centralised government the country has had since 1964.
It further repealed the sessional policy paper 10 of 1965, which was a defining moment in the country’s political economic development and continue to influence policymaking.
A generic of this policy paper is the much-taunted Vision 2030, which has to be reviewed to comply with constitutional order.
The sessional policy paper 10 is a legacy of uneven investment and exclusive development. It pre-occupied itself with retuning good numbers on national income and growth with little concern to the development of the people and without outlining the principles of realizing political equality, social justice, equal opportunities and equitable distribution, and human dignity.
The Constitution posited devolved government as a critical development from below vehicle. The goal of this system of governance is to establish devolved democratic developmental state while rooting democracy and rule of law.

Practical
However, the country through the Senate is yet to develop a national comprehensive coherent sessional policy paper on devolved system of governance that would offer practical harmonised and rationalised institutional guidelines.
The policy paper is a prerequisite tool in outlining the pathways towards maximising inclusive socio-economic growth, national cohesion identity, intra-governmental relations and cooperation, as well as instilling the rule of law and public participation.
People’s welfare is the ultimate objective of democratic devolved governance and ignoring them would be futile.
Strengthening democratic governance leverages on effective service delivery and we must keep and eye on enhanced accountability, responsiveness, transparency and participation. Already Counties and their leadership are facing serious questions on budgeting and development priorities.
Democratic devolved governance would definitely imply transfer of such power, resources and responsibilities to the democratically elected county government.
More importantly, the democratic county governments should have sufficient autonomy to take decisions in all or majority of important county issues. That is the key to the creation of optimal level of service delivery at the local level.
People’s participation in policymaking and planning is crucial for proper identification and assessment of local needs and cost effective strategies to address them.

The writer is Executive Director, International Center for Policy and Conflict. (This Article was published in the Business Daily on Sunday 4th August 2013)

Thursday 20 June 2013

About Kenya Online Devolved Government Group

One of the critical features of Constitution of Kenya 2010 is creation of devolved cooperative system of governance dismantling the oppressive skewed centralized government the country has had since 1964. The goal of this system of governance is to establish a developmental state.


Devolved governance system of government is  obliged to : offer democratic leadership and governance; address  responsiveness and accountability concerns to communities;  deliver high quality and effective financial management practice and quality services;  provide skilled human resource capital to ensure professional administrations, and positive relations between labour, management and people; and fulfill legal requirements to ensure the active participation of communities in local government processes. 

Over the past few decades, three shifts in development dialogue have taken place. From economic growth to human and sustainable development with the participation of all segments of the society, from centralization to decentralization to localize the delivery of and access to services, and from government to democratic governance to provide institutional mechanisms for the engagements of the three sets of actors those from the government, civil society and the private sector.  Due to this paradigm shift there is now more focus on local governance democracy. It is based on the recognition that governance should be both democratic and effective at both national and local levels.

Democratic devolved governance provides an institutional framework through which groups and individuals at multiple levels can organize themselves and participate in making decisions affecting them. It helps the development of democratic values and skills among citizens. It allows for greater representation of various political, religious, social and ethnic groups. This enhances active participation of local citizens and, consequently, political legitimacy of the government and national integration

Democratic devolved governance is, thus, based on principles of new thinking in development (sustainability, equity, poverty alleviation and inclusion), democratic governance (representation, participation, accountability, transparency, access and rule of law), and decentralization (devolution, civil society engagement, and local partnerships).

It is anticipated that  democratic local governance would play central role in addressing inequalities, exclusion and accountability . The importance to development of good governance and institutions that guarantee the rule of law,  and open and accountable government  would be included 

The purpose of this platform is: 
  • Interrogate  and engage  the effectiveness of democratic devolved governance reforms and change processes in our counties
  •  Promote the sharing of experiences and devolved governance  innovations in our counties
  • Identify factors and policies that influence the quality of devolved governance  democracy, human rights, rule of law and social justice
Lets interact, engage and share on what can and should be done as what is being done in our counties and improve our livelihoods.

This platform is a product of International Center for Policy and Conflict