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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