Published and printed by ministry of devolution and planning, and transition authority all or part of this publication may be reproduced. The case of devolution in kenya the practice and institutionalization of devolution in africa is not unique to kenya. Hailed as the great compromise of kenyas new 2010 constitution, devolution was one of the hallmarks of the transition from a previously centralized political system, which was largely blamed for vast inequality, exclusion and deep divisions in kenyan society. Devolution, social development, vision 2030, kenya introduction since independence, the governance of development in kenya has faced numerous challenges leading to poor economic performance and hence negative consequences on the country mwenzwa, 2007. The discus sion will include some of the challenges that the new system of government is facing since its. Samuel hall is a research and consulting company based in asia kabul, afghanistan and east africa nairobi, kenya. Introducing devolution in education policy and law this paper examines the juridical or legal and policy framework on devolution and education.
It brings together literature on statebuilding and violence in northern kenya, which have their own distinct histories and trajectories within the country, and devolution and kenyas changing governance, to critically examine the relationships between devolution, shifting centreperiphery relations and conflict. Essentially decentralization in other countries in africa like rwanda and south africa was a vital and urgent corrective measure, and was promoted in response to the political and economic problems in their history. What were the effects of the colonial land policies on africans in kenya during colonial rule. This study is important in pointing out the various challenges devolution might face in kenya. Devolution for development, conflict resolution, and. Special focus kenyas momentous devolution will have been decided, one way or another, and new issues will be emerging. Society for international development sid regional of. Delivering primary health services in devolved health. Although the constitutional referendum in many senses marked the end of a journey, in another sense. Hailed as the great compromise of kenya s new 2010 constitution, devolution was one of the hallmarks of the transition from a previously centralized political system, which was largely blamed for vast inequality, exclusion and deep divisions in kenyan society. The findings of this study can be applied to other counties in the country. What are the challenges facing county governments in kenya. The study sought to determine the challenges of implementing devolution and planning objectives by the ministry of planning and devolution in kenya.
The general election of march 4th, 20 marked the beginning of a devolved structure of governance that heralds a. This file is licensed under the creative commons attributionshare alike 4. This means that any other legislation that is passed and is not in line with the constitution invalid right from the start. Answers 1 what were the terms of the devonshire white paper of 1923. Amidst very high public expectations, kenyas devolution is one of. Justification for devolution laws the constitution of kenya is the supreme law of the land. Devolution for development, conflict resolution, and limiting. Devolution, shifting centreperiphery relationships and. It is a unique and new experience to a majority of kenyans. Chapter 3 presents country comparative case studies, in it wallace kontai seeks to draw lessons. This means that any one level of government is not under any obligation to refer to or seek authority from the centre in order to make or implement decisions. Jan 08, 2018 march this year will mark five years since devolution was actualized in kenya. With the implementation of the new constitution and coming into force in 20, counties have continued to agitate for more political, fiscal and administrative powers so that they are able to mobile resources to their respective counties. Aligning legislation with the new constitution brings to fore some important policy uncertainties, especially in three areas.
Oct 22, 20 the kenya devolution and revenue sharing calculator shows how resources are being allocated to kenyas different county governments based on the agreed upon revenue allocation criteria. The general election of march 4th, 20 marked the beginning of a devolved structure of governance that heralds a new. One of the reasons that devolution was adopted in kenya was to promote peoples participation in political institutions, in the. Devolution in kenya, by its character, object and principles, envisioned to provide opportunity for greater citizen participation in local development and permits the government to respond quickly to local needs leaders are close. Further, she assesses kenyas efforts of devolution since independence with a focus on the majimbo system of 19634 and the current local government system. This means that any other legislation that is passed and is not. The bulk of these services will be at county levels, an indication that majority. This argument is strengthened when one considers that kenya has few experts to adequately cater for the 47 counties. Since then, kenyans have had a chance to elect representatives in the county government twice 20 and 2017. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Political, social and economic developments and challenges in kenya from 1960 to 2010 mbogo wa wambui essay history africa publish your bachelors or masters thesis, dissertation, term paper or. Devolution is the statutory granting of powers from the government of a sovereign state to government to government at a sub national level.
As kenya is going through a transformational change with the devolution and government s strong commitment to provide universal health coverage uhc for all kenyans, it is time to introspect how kenya will put in place the building blocks required. Address challenges facing health sector githinji gitahi 04th jan 2017 00. Principles of devolved government kenya law reform. The strength of member states 1996 27 development and change 52955. In the spirit of devolution, the health sector will have the national referral services and county health services.
The proposed devolution in health sector will have tremendous implications among the health professional workers that a majority of them have not comprehended. Aligning legislation with the new constitution brings to fore some important policy. The population under this study is constituted by the entire political, technical and civic. Laws on devolution the constitution of kenya, 2010 creates a decentralized system of government wherein two of the three arms of government. Explain five impacts of the colonial land policies on africans in kenya during colonial rule. The kenya devolution and revenue sharing calculator shows how resources are being allocated to kenyas different county governments based. Guided by transition authority circulars, the kenya health policy 20092030, the kenya health sector strategic and investment plan 20142018, and vision 2030, fact met regularly to discuss functions, determine assignments, and track progress from october 2012 to february 20. Main challenges of devolution 6 political challenges 6 legal challenges 6 asymmetry 7 26 content of the distributed powers 7 2. Reviewing the past to inform the future this working paper is the third in a series of devolution working papers, that are being developed and disseminated in a partnership between the centre for devolution studies cds kenya school of government and the world bank. However, the environment for implementation of devolution has not been smooth due to various challenges experienced for the past five years.
Devolution is a principle of good governance devolution in kenya, by its character, object and principles, envisioned to provide opportunity for greater citizen participation in local development. This is because they have similar structures and system of governance. Political, social and economic developments and challenges. Challenges of devolution and power sharing structures in.
I analyze how the constitutional promise of devolution is being operationalised in the education sector. It is therefore, important that every kenyan understands the provisions of the. At independence, kenyas constitution provided for some degree of fiscal, financial, legislative and political autonomy to regional governments. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenyas fortyseven county governments. Devolution and public participation in kenya civic education handouts for participants executive programme isbn. Kenyas decentralization is among the most rapid and ambitious devolution processes going on in the world, with new governance challenges and opportunities as the country builds a new set of county governments from scratch. Supporting poorinclusive wss sector reform devolution in kenya. Decentralization has also appeared in the form of devolution of major functional responsibilities such primary education, health, water, and sanitation, and rural feeder roads from the central to local governments. Forty seven county governments came into operation two and half years ago following the general elections of march 20. It brings together literature on statebuilding and violence in northern kenya, which have their own distinct histories and trajectories within the country, and devolution and kenya s changing governance, to critically examine the relationships between devolution, shifting centreperiphery relations and conflict.
Strengthen the core team that is guiding the devolution. The role of devolved governments in a strong national social security system patterns of poverty in the nations and regions of the uk the nations of the uk have seen significant decreases in headline levels of poverty. The county government is expected to raise their own funds. Devolution and public participation in kenya foreword the constitution of kenya was promulgated on 27th august, 2010, following a long process of development. Published and printed by ministry of devolution and planning, and transition authority all or part of this publication may be reproduced freely, provided the ministry of devolution and planning. Bosire do hereby declare that devolution for development, conflict resolution, and limiting central power through constitutional design. Devolution and education law and policy in kenya prof ben sihanya, jsd stanford1 1. However, the overall result has been that the emphasis falls on development at the expense of conflict resolution and limiting central power. Delivering primary health services in devolved health systems of kenya. The study applies the underlined objectives in achieving its goals. Make sure the team is multisectoral so that devolution can proceed seamlessly, with minimum disruption, because public health is a national interest with implications for kenyas security. A number of key steps have been taken as part of the constitutionally prescribed three year rollout plan for. For instance, while the national net primary school enrolment is 95%, about 15. The paper makes an attempt in assessing the likely conflicts from this system and possibly so their mitigations with the kenyan scenario.
Further, she assesses kenya s efforts of devolution since independence with a focus on the majimbo system of 19634 and the current local government system. Indeed, devolution is a constantly evolving process with no fixed end point. We specialise in socioeconomic surveys, private and public sector studies, and impact assessments for. This can help in finding and applying solutions as intended. One of the hallmarks of the 2010 kenya constitution is the introduction of the devolved systems that run parallel with the national governments. No doubt, the cardinal principal of devolution is to distribute. Opportunities and challenges for the water sector supporting poorinclusive wss sector reform in the current scenario, devolution is likely to proceed for some time under existing legislation. Information from its description page there is shown below. Devolution system made simple 3 introduction devolution is one of the major changes that the constitution adopted by kenyans at the referendum held on 4th august 2010 and promulgated on 27th august 2010 has made to the arrangement of government in kenya. Reviewing the past to inform the future this working paper is the third in a series of devolution working papers, that are being developed and disseminated in a partnership between the centre for devolution studies cds kenya school of. Devolution has not only transformed the structure of government but has also essentially altered the political scenery in kenya.
In the fifteen months that have followed, most county governments have appointed executive committees, passed their first budgets and adopted their first integrated development plans, and have begun recruiting their own staff. Delivering primary health services in devolved health systems. Instituted in 20, devolution in kenya seeks to bring government closer to the people by devolving political and economic resources to kenya s fortyseven county governments. Advantages and disadvantages of devolution education in kenya. Oct 11, 2012 the proposed devolution in health sector will have tremendous implications among the health professional workers that a majority of them have not comprehended. Chapter 3 presents country comparative case studies, in it wallace kontai seeks to draw lessons for devolution from countries with varying forms of devolution. The ambitious decentralization defined under kenyas 2010 constitution is arguably the most farreaching of many reforms. It is a regional and crossborder issue, with a strong political dimension that goes beyond the existing humanitarian. Challenges facing devolution in kenya 2 years ago 40799 views by julie kwach one of the hallmarks of the 2010 kenya constitution is the introduction of the devolved systems that run parallel with the national governments. Kenyas social development proposals and challenges. Devolution in kenya prospects, challenges and future. Kenyas first county assemblies, governors and senators were elected on march 4 20. This is also kenyas second attempt at decentralization after its initial attempt after independence in 1963 was amended thus making kenya a unitary state with a strong central government constitution of kenya amended, 1964. Solved explain five impacts of the colonial land policies on africans in kenya during colonial rule.
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