Realizing the devolution dividend in kenya through. Pdf this work sets out the structure and potential benefits of. Transition to devolved government act parliament of kenya. Aligning legislation with the new constitution brings to fore some important policy. Building public participation in kenyas devolved government. Our findings suggest that in relation to the break up of the centralization of state power, devolution has created strong, powerful county governments that can act as a counterweight to central government. Kenya s 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. The county government act kenya chamber of commerce. Article 174 of the constitution provides that one of the key objectives of devolution is to promote social and economic development and provide proximate, easily accessible services throughout kenya. Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. This act may be cited as the national government coordination act, 20 and shall come into force upon the announcement of the results of the first general elections under the constitution.
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. Briefing note to support effective and sustainable devolution. Pdf devolved government and local governance in kenya. The devolution of estate act 2007 sierra leone legal. Kenyans reiterate that indeed devolution is working kenyans remain committed to devolution. Water services devolution in kenya briefing note to support effective and sustainable devolution of water and sanitation services in kenya 25 february 2015 supporting the new water policy and act in alignment to the new constitution of kenya 2010 p2025 public disclosure authorized public disclosure authorized public disclosure authorized.
The 2010 constitution of kenya is a turning point in countrys history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. Society for international development sid regional of. This study is important in pointing out the various challenges devolution might face in kenya. However, devolution is a more substantial and solid transfer of both political and economic powers from the national to lower levels of governance. In the 1990s, devolution was one of the objectives of the safari park national conferences. Laws of south africa legislation lesotho law leslii liberian law liberlii malawian law malawilii namibian law namiblii. The institutions that have been legally mandated to facilitate the. Understanding the kenya 2016 water act redefined roles and responsibilities for the management, development and regulation of water resources and water services the passage of kenyas 2010 constitution has had a wide set of implications for the water sector. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Devolution has brought great hope to the people of kenya, let us collectively and relentlessly continue to work together to ensure that this hope is realized. The concept of devolution devolution thus implies the transfer of powers, functions and. An act of parliament to provide a framework for the transition to devolved government pursuant to section 15 of the sixth schedule to the constitution, and for connected purposes enacted by the parliament of kenya, as follows part 1 preliminary short title.
Enacted by the parliament of kenya, as follows part i preliminary short title and commencement. Kenya is the most prominent success story of devolution in africa. It is a regional and crossborder issue, with a strong political dimension that goes beyond the existing humanitarian. The design of a multilevel form of government, such as devolved form of government, in a constitution or otherwise, is always a response to both. Devolution of power can address the main challenges of. This act may be cited as the intergovernmental relations act, 2012 and shall come into operation upon the final announcement of the results of.
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. Devolution is one of the most transformative changes to kenyas governance system brought about by the constitution of kenya, 2010. Effects of devolved governance on organizational performance. 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. The adoption of devolved system of government in kenya was a desire of citizens who wanted access to public services closer to them. An act of parliament to give effect to chapter eleven of the. Devolution and health in kenya consultative meeting report. Introducing devolution in education policy and law this paper examines the juridical or legal and policy framework on devolution and education. One of the objectives of devolution as provided for in article 174 of the constitution is to promote social and economic development and the provision of proximate, easily accessible services throughout kenya and to enhance government responsiveness to the needs of the citizens.
Devolution in kenya 214k devolution in kenya fact sheet the 2010 constitution of kenya is a turning point in countrys history as it reconfigured balance of power by devolving power and responsibilities from the national government to 47 elected county governments. Pdf the adoption of devolved system of government in kenya was a desire of citizens. The county governments act, 2012, is an act of parliament that gives effect to chapter eleven of the constitution on devolved government. 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. This act may be cited as the intergovernmental relations act, 2012 and shall come into operation upon the final announcement of the results of the first elections under the constitution. Kenya school of government ksg with the support from the kenya accountable devolution program kadp. This act may be cited as the law of succession act. Understanding the devolution architecture international. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall have universal application to, all cases of intestate or testamentary.
Water services devolution in kenya briefing note to support effective and sustainable devolution of water and sanitation services in kenya 25 february 2015 supporting the new water policy and act in alignment to the new constitution of kenya 2010 p2025 public. Devolution was es tablished as a pathway to eq ual development across the country however. But although there has been a gradual progress on devolution, not much has been done to further enshrine the principles into a coherent policy to guide the devolution process throughout the whole of government. However, the very success with which power and resources have been devolved has provoked a backlash from the centre in ways that could threaten its success in the future. Briefing note to support effective and sustainable devolution of water and sanitation services in kenya supporting the new water policy and act in alignment to the new constitution of kenya 2010 patrick nduati mwangi and christiaan heymans april 2015 water services devolution in kenya water and sanitation program. The world bank is working with the government of kenya gok to prepare the kenya devolution support program kdsp, which will use the programforresults pforr financing instrument. Chapter eleven devolved government kenya law reform. Efforts to support the development and dissemination of model county laws and devolution legislation are bearing fruits. Devolution is blamed for the socioeconomic decline all across kenya and as the situation becomes unbearable for the population, new solutions have to. The constitution of kenya, 2010 creates a decentralized system of government wherein two of the three arms of government. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified. Jul 26, 2007 home the devolution of estate act 2007. The transition to devolved government act, 2012 to provide a framework.
The promise of equity and delivery of services to the people of kenya is probably one of the key reasons that the kenya constitution 2010 was overwhelmingly voted for. Justification for devolution laws the constitution of kenya is the supreme law of the land. Devolved territories have the power to make legislation relevant to the area and thus granting them a higher level of autonomy devolution differs from federalism in that the. This act was developed to provide for the realization. This brief report highlights the issues and challenges identified in four thematic areas and then provides the identified good practices and lessons learned that can be considered and implemented by county governments. This document was prepared by the health policy project for the ministry of medical services and the. Kenya has also developed and adopted several policy papers on devolution that were used as the basis for implementing devolution, including the enactment of different enabling pieces of legislation. The scale, scope and complexity of kenya s devolution 12 how the public sector functions today, and where it has failed 12. Laws on devolution the constitution of kenya, 2010 creates a decentralized system of government wherein two of the three arms of government. This act may be cited as the national government co ordination act, 20 and shall come into force upon the announcement of the results of the first general elections under the constitution. Freedom of information act, citizens can demand and receive details of expenditure on work. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall. The county governments act, 2012 part x, provides that there shall be established a national design and framework of civic education, including determining the content of the curriculum. It is a regional and crossborder issue, with a strong political dimension that goes beyond the existing humanitarian agenda.
It is our intention to empower kenyan citizens by providing this information to enable them to actively demand for transparency and accountability in the management of county governments. 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. 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. In kenya, devolution is a clear choice, and given its primacy, usaids strategic focus is to support effective implementation of devolution. The act or an instance of transferring ones rights, duties, or powers to another. Furthermore, not much has happened by way of legislation to enact and implement decentralisation. The promise of equity and delivery of services to the people of kenya is probably one of the key. The constitution of kenya, 2010 laikipia county public participation act, 2014 ochieng khobe 2012 devolution of government in kenya as a means of engendering public participation in governance. The cdcs is premised on the theory of change that if devolution is implemented in the right earnest, it will transform kenya s governance and. Ensuring and coordinating the participation of communities and locations in governance at the local level. Understanding the kenya 2016 water act redefined roles and responsibilities for the management, development and regulation of water resources and water services the passage of kenya s 2010 constitution has had a wide set of implications for the water sector.
The support for devolution by citizens has improved from 66% in. According to icj 20, 5 devolution is the process of. Governments act 2012, the transition to devolved government act 2012, urban areas and cities act 2012, the intergovernmental relations act 2012, and the public finance management act 2012 revised in 2014. The scale, scope and complexity of kenyas devolution 12 how the public sector functions today, and where it has failed 12.
Published by the national council for law reporting. Provides mechanisms for handling the existing diversity in the county governments based on ethnicity, religion and geographical disparities through further units of decentralization. The pforr instrument innovatively links the disbursement of funds. An act of parliament to provide for a regulatory framework for enhanced response to climate change.
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. Short title this act may be cited as the law of succession act. It also recalibrated the powers between executive, legislative and judicial branches. Devolution and public participation in kenya civic education handouts for participants executive programme isbn. Laws of south africa legislation lesotho law leslii. 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. Crimes act 2003, the public audit act 2003, government financial. Enacted by the parliament of kenya, as follows part ipreliminary short title and commencement. Laws operationalizing kenya s county governments county government act 2012 provisions. This means that any other legislation that is passed and is not. 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. The devolution that kenya has adopted is provided for this in. This act may be cited as the transition t o devolved government act, 2012. The constitution of kenya, 2010 creates a decentralized system of government wherein two of the three arms of.
Supporting poorinclusive wss sector reform devolution in. Introduction devolved systems and governance in the context of many countries including kenya essentially means devolution. 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. The county governments act, 2012 provides for the following levels. The last of the 14 powers devolved to kenya s county governments in the constitutions fourth schedule is. 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.
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