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Truth be said, devolution is expensive

Truth be said, devolution is expensive
Council of Governors (CoG) chairperson Ahmed Abdulahi leads CoG members during a past press briefing in Nairobi. PHOTO/Print

After a long search for an appropriate local governance system, the country, through a referendum and on promulgation of the Constitution of 2010, settled for a devolved two-level government mode comprising of constitutionally entrenched national and 47 counties.

Before 2010, Kenya had a system of local government comprising 175 local authorities provided for under the then Local Government Act, recognizing four categories: the municipalities, county, town, and urban councils. These structures had their origin in the local government system that was adopted during the colonial period.

Attempts to reform local government and make the districts the focal points of development planning and service delivery largely failed due to centralized local planning and development control.

Choosing the two levels of government illuminates the aspirations and vision of Kenyans on devolution. The devolved system of government, which forms a central plank in the Constitution of Kenya 2010, holds the promise of a new Kenya.

County governments are at the frontline of service delivery, development, and the pursuit of constitutional objectives and the purpose of devolution.

The 6-year transition period in two phases (2010-2013, 2013-2016) was important for ensuring that devolved governance is rooted in Kenya’s constitutional governance.

The Constitution recognizes that all power emanates from the people and is vested at the national and county levels. The Constitution further provides that executive and legislative powers at the county level are vested in the County Executive and County assembly, respectively.

The Fourth Schedule to the Constitution provides two lists that detail the roles and responsibilities of each level of government, one being for the national government, and the other for the county government.

Further, the Constitution directs that the National government allocate a minimum of 15 per cent of the total revenue collected annually to the counties to enable them to perform their functions. This is in addition to the county governments raising local revenue from taxes on functions allocated by the Constitution, besides charges for the services they offer.

Although the country has made remarkable steps and progress in the implementation of devolution, partly manifesting as three general elections held under the current Constitution (2013, 2017, and 2022), there have been challenges in the disbursement of funds to counties.

National Treasury Cabinet Secretary John Mbadi has faulted devolution which resulted in the formation of 47 counties, arguing that Kenya should revert to the eight provinces or a maximum of 14.

Mbadi argued that the 47 devolved units have become unsustainable for the government owing to the ballooning wage bill. I agree with him.

The country is collecting Sh2.5trillion annually in revenue. Of the Sh2.5trillion, about Sh1.1trillion is spent in repaying the debts while Sh960 billion is recurrent expenditure. Truth be said, the current system of governance is very expensive.

The effectiveness of county governments depends on whether they are allocated adequate resources to provide services and address the needs of their citizens.

The Constitution provides that at least 15 percent of revenue collected nationally should be allocated to county governments in every financial year. The Constitution also assigns the county government powers to administer some taxes and raise revenue from services provided.

Although the “own source” revenue plays a critical role in shaping both the autonomy of county governments as well as accountability, the devolved units have not optimally achieved their targets.

The devolution of powers to the county levels can only be meaningful where there is optimum resource support to facilitate the exercise of powers and the transferred functions.

The introduction of more seats (67 senators, 47 governors and 2,526 members of assemblies) means that the taxpayer is at a loss since the wage budget increased significantly. The county governments have a problem in the management of current resources. As it is, salaries and wages account for a significant portion of the county budgets.

The 15 per cent of National revenue allocated to counties may not be enough to enable them to discharge all their duties. While some counties such as Nairobi and Kiambu collect many revenues, the resources are still not enough for efficient service delivery.

Kenyans should ask themselves the type of devolution that we need. Is the current devolution a panacea to our problems or an enabler to our problems? In promulgating the constitution, Kenya needed resources to be devolved and not too much government.

The writer is the Chairman of the Political Journalists Association of Kenya (PJAK)

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