Major wins for counties, MCAs at devolution event
Deputy President Rigathi Gachagua displays a gift he received during the Devolution Conference at Eldoret Sports Club in Uasin Gishu County yesterday. Looking on is Senate Speaker Amason Kingi.
The 8th Devolution Conference ended on a high note, with major wins for county executives and assemblies that included a promise that the latter will soon enjoy financial autonomy and a commitment by the national government to transfer outstanding developed functions within 60 days.
The autonomy and devolved functions of the counties took centre stage at the three-day event, with delegates rooting for them, and taking time to discuss their own-source revenue as a sustainable way of financing for more independence.
Delegates agreed that devolution is the catalyst for Kenya to unlock its full potential and accelerate economic development, with the Senate promising to prioritise resolutions from the first biennial gathering of the counties and their partners.
“All devolved functions currently being carried out by national government ministries, agencies and departments to be transferred to the county governments within 60 days together with the attendant resources,” read a communique delivered at the end of the forum, which took place at the Eldoret Sports Club on President William Ruto’s Uasin Gishu turf since Wednesday.
Assemblies’ autonomy
MCAs have a reason to smile, with the forum strongly pitching for their autonomy to strengthen their oversight role on county executives. They have previously been accused of going to bed with their governors and failing to keep their executives in check.
The assemblies are moving closer to autonomy, with Senate Speaker Amason Kingi revealing that the County Public Finance Laws (Amendment) Bill, 2023—a landmark Bill by Deputy Senate Speaker Kathuri Murungi (Meru) that seeks to grant financial autonomy to county assemblies—is in the pipeline.
The proposed radical legislation seeks to cure the mischief that has, for years, left county assemblies ensnared by the whims of the county treasuries as they seek money to defray their administrative expenses, he said.
“When the Bill becomes law, county assemblies will not have to go through county executive committees to do their requisition, as is presently the case,” Mr Kingi said at yesterday’s closing session.
“I want to assure you that the Senate, as the overseer of devolution as per Article 96 of the Constitution, will expedite this legislation, which once enacted, will help county assemblies break free from this shackle that grossly undermines their mandate, especially that relating to oversight of county governments.”
The communique signed by the Presidency, the Council of Governors, the Senate, and the County Assemblies’ Forum was delivered by Mr Ahmed Abdullahi, the CoG vice-chairperson at the end of the deliberations, which brought together at least 10,000 delegates, with huge representation from the 47 counties, the national government, and the international and donor community.
Mr Kingi said county assemblies play a critical role in the success of devolution. “The call for financial autonomy for our county assemblies is fully merited and timely, for the key reason that it will enhance their independence and elevate their role as an oversight institution,” he stated.
To facilitate smooth transition, Parliament has been tasked to fast-track the enactment of various laws that support the devolved functions in all sectors.
Delegates also resolved and recommended a coordinated approach to partnerships and implementation of projects and programmes to avoid multiplicity of efforts at both levels of government, and by development partners and the private sector.
At the opening session on Wednesday, CoG chairperson Anne Waiguru rooted for the autonomy of county assemblies, saying county executives and assemblies have often been overlooked and left out of deliberations on devolution, yet their roles are crucial.
Ms Waiguru was emphatic that assemblies should enjoy autonomy to strengthen their oversight role and enable them to implement their mandate effectively and efficiently.
Ms Waiguru further called for better remuneration of MCAs, arguing that they are bestowed with huge responsibilities.
“County assemblies are the footprint of the government for mwananchi. Their community obligations are not sufficiently captured in their job descriptions, yet their remuneration has been reduced,” she said, urging the President to intervene.
“Your Excellency, if you say just one word, because you are wise, kind, and long-sighted, your resolve is all that is required,” she added, to thunderous applause by hundreds of MCAs.
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“We should accord them their rightful place, as the load-bearing beams and pivoting pillars, in our development objectives. We achieve this by first accepting their autonomy, and formally safeguarding their functional welfare, within the parameters already provided,” she said.
Opening the forum, Dr Ruto promised that the government will work with the Salaries and Remuneration Commission and other institutions to ensure remuneration is harmonised across all cadres of government workers. “From the President to office assistants, we all serve the same country and have related needs. Therefore, the pay must reflect that we all serve the same people,” he said in his address.
And at the closing ceremony yesterday, Ms Waiguru said Dr Ruto and Mr Kingi had committed to helping fast-track the enactment of legislation to ensure MCAs’ financial independence.
The Kirinyaga governor said the commitment to transferring all devolved functions and resources to the counties within 60 days and timely disbursement of funds would enable county governments to implement their budgets without delays, thus unlocking their economic potential.
On county financing, the forum resolved that both levels of government explore entrenching division of revenue on projected annual budgets, as opposed to using the last audited accounts.
The event reflected on the performance of county governments in the last 10 years, based on the understanding that they are the key drivers of development. “It is apparent that the face of Kenya has radically transformed positively because of devolution and that citizens have been able to access public services closer to them,” said Waiguru, noting that the reflections also revealed the challenges bedevilling devolution and remedial measures.
Deputy President Rigathi Gachagua, who graced the closing forum, said devolution enjoys Dr Ruto’s support, and the conference had appreciated the need to invest resources at the bottom of the pyramid. “As staunch believers in sparking grassroots economies, we have picked good practices and lessons for better, bolder and broader steps into the next decade of devolution,” said the DP, in whose office the devolution docket is domiciled.
