Devolution, ‘miracle’ of 2010 document

Eric Wainaina @EWainaina

Devolution has been touted as one of the major gains brought about by the 2010 Constitution.

Devolution, which gave birth to Kenya’s 47 counties has been facing a myriad challenges and criticism mainly due to inadequate resources, theft by county leaders and incompetence among regional officials.

However, it has been credited for transforming regions previously neglected by successive governments.

Devolution, which forms Chapter 11 of the Constitution, is an ambitious underway in the world, involving large-scale political, fiscal, and administrative decentralisation and locally, in 2013, it assumed major responsibilities of managing and funding health, agriculture, urban services and local infrastructure, trade and early childhood education.

From tarmacking roads in places previously unthinkable, establishment of health facilities, agriculture, industries, improved water, sanitation and sewerage systems, industries, improved trade related infrastructure and easy accessibility of other services under the Fourth Schedule, devolution is credited for taking services closer to the people.  

Second-term Nyandarua Speaker Ndegwa Wahome, who is the chairman of the County Assemblies Forum, describes the introduction of county governments as a modern-day miracle, saying where officials have been committed and accountable, transformation is evident, with some regions terming it as their independence.

“Devolution is the miracle of our times because despite the abuse and assault of the resources associated with the devolved governments, there are serious benefits in terms of infrastructure, expansion of human resources, health and agriculture.

Citizens are also keen on governance and everywhere you go they are talking about issues that concern them,” Ndegwa said.

This, he said, was because during the defunct local authorities which were abolished by the 2010 Constitution, regions which now form counties operated with budgets of below Sh500 million but today they are operating with at least Sh5 billion, noting that Nyandarua, which previously got Sh200 million now receives Sh7.6 billion annually.

Mandera, which had not witnessed any meaningful development since independence, today boasts tarmac roads, all-weather marram roads in all sub-counties, and fully fledged Level Four hospitals in almost all sub-counties, which have reduced infant mortality and improved agriculture and other municipality services; the fruits of devolution are visible.

Governor Ali Roba-led administration has, since 2013 to last year, invested Sh8.6 billion in the Roads and Transport department, giving Mandera town a major facelift by tarmacking roads through the county governance that represents a historic shift from ‘top down’ to ‘bottom up’ leadership. 

Rashid Adankhalif, a disaster, risk and policy expert based in Mandera, observes that devolution has brought resources closer to the people, given some level of resources and development to the local level, particularly to counties that had been marginalised from national politics for a long time.

“The (North Eastern) region might not be at par with the rest (of the country) but devolution presented a brilliant opening to showcase that by devolving the previously centralised resources, the hitherto marginalised ‘frontier’ counties can make huge strides in terms of development programmes initiated by governors,” Adankhalif says.

Makueni Governor Kivutha Kibwana says that besides improving healthcare, he established Kathonzweni Milk and Kikima dairy plants that are credited with enhancing milk processing and improving returns to the primary producers by helping farmers get a good market for their produce.

The county, which has positioned itself as the leading example of devolution, earning praises from President Uhuru Kenyatta and monetary organisations, also initiated the multi-million Kalamba fruit processing project, which has capacity of processing 8,000 litres of juice per hour.

Brilliant opening

Neighbouring Kitui County, led by Governor Charity Ngilu, which under the old dispensation was among the neglected counties, recently attracted international media, notably the Washington Post, as one of the best faces of positive devolution following the launching of the Textile Centre (Kotech). 

Factory has been at the forefront in manufacturing locally made Personal Protection Equipment in the fight against coronavirus.

Embu Governor Martin Wambora, who is serving his second term, says Kenyans protected devolution while presenting their views to the Building Bridges Initiative (BBI) and rejected a proposal for regional governments was a clear indication that they are happy with county governments.

“When wananchi resisted regional governments, and a survey conducted indicated that two-thirds of Kenyans were happy with devolution, it was an indication that devolution is working.

They are getting the services they never dreamt of. There is no doubt about it,” said Wambora.

He was referring to an opinion poll by Ipsos Synovate, which established that 71 per cent of  Kenyans aged between 18 and 34 supported devolution while 64 per cent of those aged above 45 were for shifting power and resources from the centre. 

Support was almost even between urban and rural populations at 67 and 70 per cent, respectively.

The fight witnessed at the Senate over the Third Generation revenue sharing formula meant to guide cash distribution to counties shows the importance Kenyans attach to the devolved units. Counties receive  about Sh320 billion annually.

Governor Wambora, who served as a district commissioner during President Daniel arap Moi’s reign, said with devolution, government officials work closely with the community and understand local issues unlike before when central government officers would hardly leave their boardrooms.

“It would not have been possible to foster development in the grassroots because all the thinking was mainly at one main centre and as you know, the bureaucrats from Nairobi going to Turkana, Tetu (in Nyeri) or Ndeiya (in Kiambu) to understand issues was very rare, but now governors and county officials are always in villages and things are really moving,” he said.

However, on the dark side, there is consensus from all players that corruption as exposed by the Auditor General and the Ethics and Anti-Corruption Commission have that as functions and resources were being devolved, so was theft of public resources.

“Major hindrance to devolution is corruption because only nearly 50 per cent of the entire development kitty is utilised prudently, the rest goes to individual pockets.

It is  unfortunate that when one raises a voice where serious transgressions have been committed on financial prudence, they are accused of fighting the governor,” said Wahome. 

He notes that it is regrettable that efforts by regional assemblies to ensure accountability are frustrated by failed action on their reports.

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