Wednesday 24 September 2014

Making Devolution Work



There has been great rift between the devolved governments majorly involving the MCAs and governors. Where the former sees impeachment as the solution to every problem majorly involving money i.e. majorly not of beneficial to the citizens but for their selfish reasons
I tend to think that harmony in the working of a devolved unit will be the only solution to quicker and people related development.
With a positive look at extracts on Chapter eleven of our constitution, this thing is possible; harmony is the only thing lacking which is of paramount importance.

CHAPTER ELEVEN
DEVOLVED GOVERNMENT
Objects of devolution
174. The objects of the devolution of government are
a)      to promote democratic and accountable exercise of power;
b)      to foster national unity by recognizing diversity;
c)      to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;
d)     to recognize the right of communities to manage their own affairs and to further their development;
e)      to protect and promote the interests and rights of minorities and marginalized communities;
f)       to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;
g)      to ensure equitable sharing of national and local resources throughout Kenya;
h)      to facilitate the decentralization of State organs, their functions and services, from the capital of Kenya; and
i)        To enhance checks and balances and the separation of powers.
Principles of devolved government
175. County governments established under this Constitution shall reflect the following principles
a)      county governments shall be based on democratic principles and the separation of powers;
b)      county governments shall have reliable sources of revenue to enable them to govern and deliver services effectively; and
c)      No more than two-thirds of the members of representative bodies in each county government shall be of the same gender.
County governments
176. (1) there shall be a county government for each county, consisting of a county assembly and a county executive.
(2) Every county government shall decentralize its functions and the provision of its services to the extent that it is efficient and practicable to do so.
Removal of a county governor
181. (1) a county governor may be removed from office on any of the following grounds
a)      gross violation of this Constitution or any other law;
b)      where there are serious reasons for believing that the county governor has committed a crime under national or international law;
c)      abuse of office or gross misconduct; or
d)     Physical or mental incapacity to perform the functions of office of county governor.
(2) Parliament shall enact legislation providing for the procedure of removal of a county governor on any of the grounds specified in clause (1).
Functions of county executive committees
183. (1) a county executive committee shall
a)      implement county legislation;
b)      implement, within the county, national legislation to the extent that the legislation so requires;
c)      manage and coordinate the functions of the county administration and its departments; and
d)     Perform any other functions conferred on it by this Constitution or national legislation.
(2) A county executive committee may prepare proposed legislation for consideration by the county assembly.
(3) The county executive committee shall provide the county assembly with full and regular reports on matters relating to the county.
Legislative authority of county assemblies
185. (1) the legislative authority of a county is vested in, and exercised by, its county assembly.
(2) A county assembly may make any laws that are necessary for or incidental to, the effective performance of the functions and exercise of the powers of the county government under the Fourth Schedule.
(3) A county assembly, while respecting the principle of the separation of powers, may exercise oversight over the county executive committee and any other county executive organs.
(4) A county assembly may receive and approve plans and policies for—
a)      the management and exploitation of the county’s resources; and
b)      The development and management of its infrastructure and institutions.

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