Scribd Logo
Upload

Welcome to Scribd!

  • 29 views

    Draft Devolution Policy Brief

    Uploaded by

    International Budget Partnership Kenya
    This is a draft devolution policy by the ministry of devolution Kenya. It's dated June 2015.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Draft Devolution Policy Brief

    Uploaded by

    International Budget Partnership Kenya
    29 views46 pages
    This is a draft devolution policy by the ministry of devolution Kenya. It's dated June 2015.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This is a draft devolution policy by the ministry of devolution Kenya. It's dated June 2015.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    29 views46 pages

    Draft Devolution Policy Brief

    Uploaded by

    International Budget Partnership Kenya
    This is a draft devolution policy by the ministry of devolution Kenya. It's dated June 2015.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 46
    REPUBLIC OF KENYA———~ DRAFT DEVOLUTION POLICY UNE 2035 NEW KENYA WITH COUNTIES EXECUTIVE SUMMARY Devolution became a reality In Kenya upon the promulgation of the Constitution of Kenya, 2010. This entails the transfer of fiscal, administrative and politcal power from @ highly Centralised system of governance to a devolved system with tw levels of governments - the ‘national and the 47 county governments. Devolution has presented appartunities that ought to be harnessed as wall as challenges that this policy addresses. ‘The decision to publish a reference document on Kenya's devolution Is informed by the naed to streamline and guide the implementation of the devolved system through increased coordination of all stakeholders. The policy recognizes that the implementation of the proposed measures requires a coordinated approach across all levels of government: by state organs, the private sector and ather non-state actors ‘The overall goal of this Policy Is to strengthen the implementation of devolution at national ‘and county levels to improve governance, The polity is underpinned by the constitutional principles ofthe Sovereignty of the People of Kenya, the Supremacy ofthe Constitution, the National iples of Governance, the Bil of Rights, Chapter Sx, and the Obj ‘f Devolution and Principles of Devolved Government under Article 174 and 175 respectively, ues and ‘The polcy document's divided into five (5) parts. Part One provides the background to the evolution policy and underscores Kenya's experience with decentralization since Independence. Part Two explains the devolution policy framework. Part Three outines eleven upon wich the devolution policy is anchored. Part Four outlines the impieme framework; while Part Five describes the monitoring and evaluation arrangements, ‘The objectives of the policy are to: enhance the decentralisation of state organs, their functions and services; promote equty and inc effective public service del democracy, and acct Jon of efficient and promote the pr sustainable utilisation of publle funds and natural rescurces; and promote and mainstream public pa vie education and public communication, at bath levets af government To successfully implement devohtion, the Pokcy draws from eleven ‘as enablers of the Objects of Devolution to bring about prosperous and fuly functional democratic devolved ‘governments committed to improved service delivery. These Pllars are: Capacity Buding for Development; Leadership and Govemance; Decent Transformation; Publ Finance Management Intergovernmental ni; Equity and. Inclusiv Management of Transfer of Powers and Functions Each polcy pilar is undergicded by concrete poley objectives and measu ‘successful implementation. The poly outlines an implemt the roles and responsibilities of both state and non-state act Finally, the policy document provides for the development of a monitoring and evaluation public, to monitor the progress of implementing the measures proposed under this policy. TION OF TERMS ring functions, powers and resources from a cental can be broken down into tree diferent but ‘and de-concentration Decentratsat authority to lower sub-units. Dec related processes: delegation, dov he process Delegation is the transfer of responsibilty for decision making and administrative functions to semi-autonomous organisations not wholly controlled by the central government, but lumately accountable toi Devolution is a form of decentralization where poltical, administrate and fiscal authority {s transferred by legal and constitutional means from the national level to independent sub- ‘national constitutional or statutory agencies De-concentration i the redistribution of decision making authority and financial and ‘management responsibilities among cifferen levels ofthe central government. ABBREVIATIONS AND ACRONYMS Attorney Genera Constituencies Development Fund for the Implementation ofthe Constitution tegrated Development Plans Constitution of Kenya, 2010 Centre for Pattamentary Studies Commission for Revenue Allocation ial Society Organisations Information, Communication and Technology Intergovernmental Budget and Econamic Council Kenya School of Government Public Finance Management Public Service Commission Public Private Partnerships Rapid Results ini Salaries and Remuneration Cammission Strengths, Weaknesses, Opportunities and Threats ‘Transtion Authority Integrated Financial Management Information Systems Executive Summary, TABLE OF CONTENTS Detinition of Terms, ‘Abbreviations ane Aeronyms “Table of Contents PART ONE: BACKGROUND TO THE DEVOLUTION POLICY. Introduction. Kenya's Experience with Decentalsation, Institutional Framework of Devolution in Kenya, ‘Sttuavonal Analysis 1.3.1 Strenaths, 1.3.2. Weaknesses, 41.3.3. Opportunities, 1.3.4 Threats. PART TWO: POLICY FRAMEWORK... Introduction. Goal Objectives ofthe Policy Guiding Principles ofthe Potcy. Conceptual Framework ofthe Policy. PART THREE: PILLARS OF THE DEVOLUTION POLICY. Introduction. 7 Capacity Building for Development Leadership and Governance. Decentrased (Devolved) Uns. Public Service Transformation. Public Finance Management 3.5.1 Public Finance, 3.5.2 Public Private Partnerships. 3.5.3 Public Procurement, 3.5.4 Development Planning, Intergovernmental Relations. Public Participation in Governance. Ccvic Education 3.9 Public Communication 3.10. Equity and incusiity. : 2.11 Management of Transfer of Powers and Functions, PART FOUR: IMPLEMENTATION FRAMEWORK, 4.0 Introduction 41 Impiementers 4.2. Funding, PART FIVE: MONITORING AND EVALUATION, PART SIX: CONCLUSION. PART ONE ‘BACKGROUND TO THE DEVOLUTION POLICY 1.0 Introduction Devolution became a realy In Kenya upon the promulgation of the Constitution of Kenya, 2010. This entailed the transfer of fiscal, adminisvative and political power from a highly centralized system of governance to 2 devolved system with two levels of governments - the national and the 47 county governments. Devolution has presented opportunities that cught to be harnessed as well as challenges that need to be addressed. This policy is based on the lessons learnt from the experience with devolution so far and contains policy measures to enhance the strengtis and miigate the problems, 41.1 Kenya's Experience with Decentralisation DDecentralisation n Independent Kenya can be traced back to the Independence Constitutlon which provided for a Majbo System wilh 2 BicameralPaclament consisting ofthe Senate land the House of Representatives. However, in 1966 the Constitution was amended to make enya a Republic, with the President as both head of state and head of government. This led to.a highly centralised Executive, In 1966 centralisation was enhanced withthe dissolution of the Senate, which was merged with the House of Representatives to form a Unicameral Parliament Efforts to decentralse governance in Kenya were witnessed! through the establsiment of the provincial system of administration whereby Kenya was divided into eight ad = provinces. In addition, system of Local Aut istrative units was created under the Local Government Act, Cap 265, These included County Councils, Municipal Cound, Town Councils and one City Council - NaiBbi where development planning and implementation was cascaded to the di Local Authority Transfer Fund (1998) that transferred money to the local Local Authortes Service Delivery Government to ensure clizen participation in decision-making, implementation and ‘monitoring of service delivery; and the Constituency Development Fund (2003) which further ‘Promoted the transfer of funds to the grassroots. In addltien, the poltical pila ofthe Kenya Vision 2030, (adopted in 2008) has decentralisation as one of ts eight guiding pipes Tt ts however acknowledged that the efforts towards decentralisation in Kenya prior to the Constitution of Kenya 2010 had numerous shortcomings that needed to be addressed evolution was therefore embraced in an effort to consolidate all the historical gains of decentralisation ‘The transtion to the current devoived system of the Sessional Paper on Devolved Gavernment evolution laws and informed the setting up of structures for the transiton to devoWved ‘governance. Since then, a numberof issues have emerged that r ure tobe adkiressed 1.2 Institutional Framework of Devolution in Kenya ‘The Constitution envisages a coordinated system af devolved government where both levels ‘of government assist each other to full their mandates for the benefit of the people of ted by the peopie of Kenya ‘The figure below iustrates the interetationst institutions in the devolved system in Keny between the state organs and other 1.3 Situational Analysis Devolution in Kenya is anchored on the Const 5 Act, 201 laws: Urban Areas and Ci Government Act, 2012; Transition ta Devolved Government Act, 2012; Intergavernmenta ination of National Gavernment ct, 2013, 2; an Kenya's devolved system has been acclaim reform programmes in the world due to I powers and Functions cor 41.3.1 Strengths ‘unctioning county governments’ structures ‘MI the 47 counties are in place and are operational. County assemblies have been established in every county and are enacting county specific laws, Counties are in the Process of establishing decentralized units up to the vilage level, At the same time the county governments have hiked staff to operationalize the devolved system, The counties hhave set up public service delivery systems to enhance affective service delivery (b) Legal, policy and institutional frameworks Pariament has enacted enabling laws, In addition to these, several legal, policy and Institutional fremewerks have been put in place by the national government, the Senate, the National Assembly, the County Executives ane the County Assemblies to gue the devolution Lmplementation process at both levels of government, There exist development blue prints sich as Vision 2030, Mediurn Term Plans and strategic plans which guide the design of development plans at both levels of government. (©) Human capacity development All counties have established County Public Service Boards and County Assembly Service Boords to manage human resource matters including recruitment of staf, undertaking ‘apacty needs assessment and facitating capacity building for county staff In tine with section 121 of the County Government Act, 2012 the national government continues to offer Support to counties including secondment of staff, technical assistance and capacty bulking through the line Ministries, Kenya School of Goverment, and other institutions of higher searing, (4) Intergovernmental ‘The Intergovernmental Relations Act, 2013 establishes the Summit, Council of County Governors, the Intergovernmental Relations Technical Committee, and other forums to faci te dialogue and collaboration between the National and County Governments. The fergovernmental Budget and Economic Coun hed under the Public 2012. Some counties have also established County based forums including County Policing Authorties and ctien consultation forums. IBEC) is also esta inance Managemen (@) Cities, Towns and Municipalit Progress has been made by some coun ‘municipaliies to ascertain whether they meet the criteria for la hhave commenced the process of developing the spi through which the towns and municipalities wil be identified, the assessment towns and ‘on, Other counties lans forthe urban aréas and cities (0) Transfer of Functions Most of the functions allocated to county gavemnments under the Fourth Schedule have been transferred from the national to the county governments. (9) County Planning and Financial Management systems Counties are at various stages of implementing the County Government Act, 2012, the Public Finance and Management Act, 2013 and other regulations. all the forty-seven ‘counties have estabshed functional county treasuries, and installed the Integrated Financial Management Jaformation Systems (IFHIS). Some counties have established the County Budget and Economic Forum and several funds such as County Emergency Fund, Loans, and Mortgages Fund, Counties have developed County Integrated Development Plans (CIDPe) for integrated planning and budgeting, (hy Givic Engagement “The national government has prioritised civic engagement in its Medium Term Plans. County Governments have embraced the provisions regarding puble participation, civic education ‘and, access to information. Crizens are contiwaly engaging thelr counties in decision ‘making, budgeting, planning, and other aspects of County governance, 1.3.2 Weaknesses Wile the devotution implementation process in Kenya has made strides, some challenges between stakeholders; weak monitoring and evaluat ‘compliance to the Const inadequate dissemi management; challenge of attracting and retaining staff; insufficient information systems; inadequate capacity to absorb funds and exercise powers within a short time among the 2nd uncoordinated development 1.3.3 Opportunities ‘A number of opportunities exist forthe successful implementation of devolution in Kenya ‘These include: a vibrant youthful population with high potential for ‘of natural resources; vibrant regional economic blacs; advancement in {nd support from development partners, among others 1.3.4 Threats, Devolution in Kenya tke other systems of governance Is presented with a number of obstacles. These include corruption, mismatch of terms of employment between County and National Governments, duplication and conflict of roles and functions, regionalism and anism, of patronage, marginalization and inequality, terrorism and insecurity, high levels oF iteracy and poverty, and high turnover of skied staf and citizen apatty, PART TWO POLICY FRAMEWORK 2.0 INTRODUCTION ‘This Part provides the framework on wihich the policy s arounded. Tt outines the goal and objectives, values and guiding principles, andthe conceptual framework oF the 2.4 GOAL “The overall goal of this Policy isto strengthen the implementation of devolstion at national and county levels to improve governance, 2.2 OBJECTIVES OF THE POLICY “The objectives ofthis poicy are: |. To enhance the decentralisation of state organs, their functions and services at both levels of government; 1. To promote equity and at both levels of government; li, To promote the provision of efficient and effective public service delivery at both levels of government |v. To strengthen intergovernmental relations, good governance, democracy, and accountability at both levels of government; ¥. To enhance prudent pubs financial management and the sustainable utl public funds and natural resources at bath levels of government; n of Vi To promote and mainstream the public pa pation, civic education and public ‘communication at all levels of government 2.3 GUIDING PRINCIPLES OF THE POLICY This policy is anchored on the const Kenya, the Supremacy of the Con the Bill of Rights, Chapter Six, Governments fon, the National Values and Pricinles of Governance, Objects of Devolution and the Principles of Devolved 7 ‘The Polcy is inspred by the objects of devolution under Article 174 af the Canstitution which areto: 4) Promote democratic and accountable exercise of power; ') Foster national unity by recognizing diversity; ©) Give powers of selt-goyernance to the people and enhance the participation of the People in the exercise of the powers of the State and in making decisions affecting ie the right of communities to manage their own affairs and to further thelr development; ©) Protect and promote the interests and rights of minorities and marginalized ‘communities; Promote sacial and economic development and the provision of proximate, easily accessible services throughout Kenya; 19) Ensure equitable sharing of national and local resources throughout Kenya; h) Facilitate tne decentralization of State organs, t capital of Kenya; and i) Enhance checks and balances and the separation of powers, functions and services, from the Furthermore, this policy acknowledges the spit of Article 175 which states that |. the county governments shall be based on democratic principles ane the separation of Powers; county governments shal have reliable sources of revenue to enable them to govern and deliver services effectively, and ii, no more than two-thirds of the members of the representative bodies in each county {goverment shall be of the same gender 24 Conceptual Framework of the Policy To suecessfully implement devolition, the Policy draws from eleven (11) Pillars as enablers of to bring about prosperous and fully functional democratic devolved ‘governments committed to improved service delvery as ilustrated below. PART THREE PILLARS OF THE DEVOLUTION POLICY 3.0 INTRODUCTION ‘The following are the pias that will gue the effective Implementation and realization of ‘evolution in Kenya, They are derived from the Objects of Devolution as captured in Article 174 of the Constitution of Kenya and underpinned by the Principles of Devotion in Article ws, ‘This policy is anchored on the following eleven (11) inter-tnked Pillars: Capacity Building for Development; Leadership and Governance; Decentralized (Devolved) Units; Public Service ‘Tansformation; Public Finance Management; Intergovernmental Relations; Pubic Pertcipaton; Civic Education; Pubic Communication; Equity and Inclushity; and the ‘Management of Transfer of Powers and Functions 3:1. CAPACITY BUILDING FOR DEVELOPMENT Section 15 (2Xa) of the Soth Schedule to the Constitution mandates the National Government to facilitate the devolution of power; assist and support county governments in 0 govern effectively and to provide public services. Section 121 ofthe County Government Act 2012 provides for the National Government mintry or department responsible for matters relating to intergovernmental relations to provide support to county ‘governments to enable them to perform tons effectively, ‘The Kenya School of Government Act No. 9 of 2012 mandates the School to build capackty and provide training, consultancy and research services for the Public Service, A National Capacity Building Framework (NCBF) has been developed to support capacity devolved govemance. The Kenya School of Government (KSG) and the Cent Parliamentary Studies (CPST) and other institutions of higher learning are obiigaled to use the NCBE In spite of the efforts to address the capacity needs of count there stil est training and skills gaps in the public service. These gaps are in the areas af public finance management, formation and communication technology, 0 nv resource management, and procurement. Other challenges include development planning, research and development, policy formulation and implementation, duplication of capacity building forts and fragmented approaches by various act Policy Objective “To empower the public service at bath levels of government to provide efficient and effective service delivery Policy Measures “The folowing policy measures shall be undertaken to enhance the capacities of national and county governments to provide efficient and effective service delivery. |. conduct continuous training needs assessment for state oficers and public offices, |i. develop and implement demand-

    You might also like