Kenya Devolution Civil Society Organisations (CSOs) Working Group (KDCWG)-a national umbrella forum of the Kenyan civil society with a focus on strengthening devolution has weighed in on the current happenings in the country(Kenya).
The forum notes that since March 2024, Kenya has been going through national discussions on the country’s leadership and their commitment to good
governance, accountability and service to the people.
According to the Forum, in June 2024, a national change process was suddenly instigated by the Generation Z-led peaceful demonstrations countrywide that was triggered by the proposed Finance Bill 2024 that was passed by the National Assembly.
The Bill contained a raft of tax proposals which sought to increase revenue for the 2024/2025 financial year, but which
majority of the citizens and stakeholders opposed on the grounds that the proposals would strain the already overburdened Kenya populace.
In a Press Statement, the Forum noted that the peaceful protests have however been met with police brutality that resulted to dozens of deaths while many others are yet to be traced.
The Forum has condemned the blatant human Rights violation.
“The peaceful protests have been infiltrated by hired goons who serve the selfish interests of the proponents of
status quo and also destroyed property in different parts of the country. We join other Kenyans of goodwill in condoling with the families who have lost their loved ones and condemn in the strongest terms possible this blatant human rights violation,” they stated.
In recognition that devolution matters have not received much traction in this process, the KDCWG revealed that they held meetings on July 3 and 5, 2024, which reflected on the ongoing developments and adopted an action plan as the road map for strengthening devolved governance in the nation.
KDCWG, while reaffirming commitment to ensure that both the national and county governments deliver on the promise of devolution, good governance and active involvement of all citizens in the country’s governance as envisioned in the Kenya Constitution (2010), has joined all Kenyans of goodwill in raising several issues that they say MUST be included in the ongoing national discourse and reflections.
On the issue of Transfer of Functions and Financing Functions of County Governments, the Forum is calling for expeditious finalisation of the transfer of all pending constitutionally devolved functions to County Governments together with the attendant resources e.g. the functions that are still performed by National Government Ministries and semi-autonomous government agencies.
In the statement undersigned by convener Evans Kibet, the Forum is concerned that past commitments by the President during his swearing in September 2022 and August 2023 during Devolution Conference are yet to be fulfilled.
“We look forward to completion of this process within thirty days to enable county governments function optimally in delivering their constitutional functions. The National Treasury should ensure timely disbursement of the equitable share of nationally raised revenue to County Governments as stipulated in the Public Finance Management Act without failure to avoid disruption to service delivery,” stated Kibet.
In addition, the National Assembly has been called upon to expedite approval of the most recent Audited Accounts to inform the baseline for the Division of Revenue process, which approved reports must be no less than two years late.
The Forum has also called on the National Assembly to reject the President’s proposal for budget cuts to the County Governments as a mitigation
measure to the withdrawal of the Finance Bill 2024.
“We equally condemn the tendency to have County Governments bearing the brunt of shortfalls in the national revenue. Need we say devolution is the lifeline for the citizens of Kenya,” they stated.
Similarly, the Senate and National Assembly have been urged to reject the President’s proposals to amend the County Allocation of Revenue Bill 2024 and the Bill should be assented to forthwith to facilitate the transfer of funds to County Governments.
The Forum has also advised County Governments to focus on their constitutional functions and forthwith stop spending on functions of National
Government e.g. bursary while compromising the quality of devolved services.
On the issue of Cooperation, Coordination and Consultations Between National and County Governments, The Forum has called for the need to operationalise, strengthen and adequately finance the intergovernmental structures, forums and institutions for improved Cooperation, Coordination and Consultations between the two levels of government for enhanced service delivery.
On matters Accountability and Public Finance Management, members of the Forum want County and National Governments to enforce constitutional standards on accountability without compromise.
This, they say will help curb the misuse of public resources and corrupt practices including, publicizing budget implementation reports in time as outlined in the Constitution of Kenya 2010, Public Finance Management Act, 2012 and the Access to Information Act, 2016; and ensure enforcement of strict penalties for non-compliance with these standards.
“There is need to ensure expeditious prosecution of corruption cases and full implementation of the recommendations of the Auditor General’s reports for County Governments and National Government Ministries, Departments and Agencies. Any person in public service who does not meet the provisions of chapter six of the Constitution of Kenya 2010 should be relieved of their duties and investigated forthwith,” they stated.
Meanwhile, they have called for the strengthening and funding of all public institutions responsible for enforcing accountability and justice that include the Ethics and Anti-Corruption Commission, the Judiciary, Auditor General’s Office, Office of the Controller of Budget, Kenya National Commission on Human Rights, Commission on Administrative Justice and National Gender and Equality Commission should be strengthened and funded adequately to perform their functions optimally.
In addition, Hold County Governors and Speakers Accountable for bad governance in the Counties including mismanagement at the county level, delays in payment of Pending Bills that have had devastating effects on the lives of Kenyans and the lack of adherence to the constitution on recruitment in the public service.
The Forum has also demanded that the National Debt Register be and publicized for public scrutiny, and the debt should be audited and those responsible for mismanagement prosecuted expeditiously irrespective of their stature in the society.
“To ensure meaningful and uniformity in public participation across the country, the national policies and laws on public
participation and civic education should be passed on a priority basis and adequate resources should be allocated and ring-fenced for public participation and civic education by both levels of government,” they stated.
The Forum has also called for need for Both levels of government to rationalize the recurrent and development expenditure for optimum service delivery by ensuring that the wage bill remains below 35% of the annual revenue as provided for in the Public Finance Management Act 2012 and the related regulations.
That Commercial accounts by County Governments which are conduits for corruption and which have been flagged by the Auditor General in the audited reports of County Governments be closed immediately and the Governors should ensure forthwith that all revenue collected by County Governments are deposited to the County Revenue Funds.
On the issue of Adherence to the Doctrine of Separation of Powers, the Forum points out that Members of Parliament and County Assemblies must forthwith focus on their constitutional roles on legislation, oversight and representation.
The Forum has also called for abolishment of Unconstitutional funds like the National Government Affirmative Action Fund (NGAAF) and National Government Constituency Development Fund (NG-CDF).
According to them, the resources should be allocated to the county governments to enhance service delivery.