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Governors have called for the review of nine laws and executive orders, which they say, are a claw back on devolution.

The county bosses say that the said laws are in conflict with the Constitution and require review for counties to undertake their mandate effectively.

Laws in question are: Co-operative Societies Act, National Health Insurance Fund (NHIF) Act, Kenya Medical Supplies Authority (KEMSA) Act, National Construction Authority Act, Agriculture And Food Authority Act, Tea and Coffee regulations, The Energy Act, Water Act, Environment Management and Coordination (EMCA) Act.

Speaking during the ongoing Cabinet retreat, Council of Governors (CoG) Chair Anne Waiguru cited three executive orders under State Corporations Act, which established the Kenya National Public Health Institute, National Syndemic Diseases Control Authority, Kenya Tissue and Transplant Authority as among those stifling the smooth implementation of devolution.

“These legislations mainly touch on health, agriculture, water, energy, land and urban development and environment and forestry sector,” she said.

The governors have further called for the restructuring of the Regional Development Authorities and semi-autonomous government agencies that undertake county government functions.

“We also want to propose that each sector that has a con-current function to create an inter-governmental forum to enhance sector collaboration between the two levels of government,” Waiguru said.

Devolved functions

She said some of the legislation have created institutions that are undertaking devolved functions.

“Creation of national programmes on devolved functions without involvement of county governments goes against the spirit of the constitution,” added Waiguru.

However, Waiguru clarified that counties are not in conflict with the national government and have opened doors for consultation.

Government role

“There is a clear delineation of the roles of both levels of governments and all the parties should stick to the law,” she said.

The governors called for alignment of policies, laws and administrative actions in line with the devolved system of Government. They further stressed on the need for fast-tracking of the process of unbundling, delineation, costing and transfer of functions to County Governments.

“We also want to reiterate on our call for increase of the County equitable share of revenue and ensure timely disbursement of funds to Counties as required by law,” the governor said.

The governors also called for establishment of a functional alternative dispute resolution mechanism to mediate intergovernmental disputes like the county functions and boundary disputes.

They urged parliament to prioritize consideration of the proposed amendments to the Intergovernmental Relations Act, 2012 to anchor the CoG Secretariat in Law in order, to support intergovernmental relations and to ensure that County Governments are fully supported to undertake their constitutional mandate.

On the other hand, the governors have reminded the government and National Treasury about delayed pending bills even as suppliers and contractors pile pressure overpayments, some dating back a decade.

Last week, the government struck a deal with Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), to avert a looming strike.

This was after the Council of Governors (CoG) led by its Chairperson and Kirinyaga governor Anne Waiguru mediated between the Ministry of Health (MoH) and the Union.

The KMPDU had threatened to go on a countrywide strike from January 6, over what it claimed to be the government’s failure to implement several Collecting Bargaining Agreements (CBAs).