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Katiba Institute Article

Devolved Governance Forum (4th & 5th May 2015, Waterbuck Hotel Nakuru )

Devolution Issues

Katiba Institute, in collaboration with the University of Western Cape, South Africa, are undertaking a comparative study on critical devolution issues. The study will culminate in a book. In the meantime, some of the topical issues, especially those concerning Kenya are featuring in a series published in the Star Newspaper.

Kenya – South Africa Conference on Devolution
VENUE: THE PANAFRIC HOTELDATE: 14TH TO 15TH AUGUST 2013 TIME: FROM 8.30 AM – 5.00 PM (FOR THE TWO DAYS)The Community Law Centre at the University of the Western Cape and the Katiba Institute have organised a two-day conference titled “Kenya-South Africa Dialogue on Devolution” to be held on 14 and 15 August 2013 at the Panafric Hotel, Nairobi. The… Read More
Implementing devolution: Lessons from South Africa
Kenya and South Africa’s new constitutions have much in common. One such feature is a devolved system of government.Power is shared in Kenya between the central government and 47 counties, while in South Africa it is between the national government and nine provinces and 278 municipalities. Both constitutions avoids the word ‘federal’.Although the South African constitutional model of devolution was… Implementing devolution: Lessons from South Africa
Intergovernmental Relations: Consultation, Co-operation, And Resolving Difference
As Kenya has been preparing for devolution, we have heard many times that Kenya’s sovereignty is exercised at both national and county levels, and that national and county governments are ‘distinct and inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation.’What will this mean on a day-to-day basis? This article explores what the constitution says… Intergovernmental Relations: Consultation, Co-operation, And Resolving Difference

 

Participation And Devolution
A major theme of the Constitution is participation of the people. Here we are not discussing participation through representation – though the Constitution does have many provisions on this, including those to ensure the presence of the full diversity of the nation, including minorities, whether in the national Parliament (Articles 90, 97 and 98), the national government (Article 130(2)), the…Participation And Devolution
Public financial management in a county: What leaders should know
The financial resources available to counties will determine to a considerable extent whether they can effectively fulfil their responsibilities.Although they can raise some money locally through taxes and fees, the bulk of the money is that which is transferred from the national exchequer.The Constitution aims to guarantee a minimum amount of money to counties (not enough for their functions). Whether… Public financial management in a county: What leaders should know
Devolution and land, the two thorny issues crying for attention
‘Kibwana in row over sand cartels’ ‘Kabogo vows to reclaim grabbed land’ ‘Row over Turkana oil rights’ ‘Turkana wants 25% share of oil wealth’ ‘Governors vow to repossess public land’ The above are headlines of recent stories appearing in the print media. They highlight the emerging issues about the role of counties in the control, utilisation and management of land…Devolution and land, the two thorny issues crying for attention
The political dimesion of devolved government in Kenya
Background Note One of the contentious issues during the constitution making process was whether Kenya should adopt a presidential or parliamentary system of government, or a hybrid of the two. This was the case right from the inception of the constitution making process during the last tenure of the Moi regime; and continued to dog the process at every stage… The political dimesion of devolved government in Kenya
Politico-Constitutional Structure and the Politics of Devolved Government in Kenya
Background NoteOne of the contentious issues during the constitution making process was whether Kenya should adopt a presidential or parliamentary system of government, or a hybrid of the two. This was the case right from the inception of the constitution making process during the last tenure of the Moi regime; and continued to dog the process at every stage including… Politico-Constitutional Structure and the Politics of Devolved Government in Kenya
Human Rights And The Counties
County government is a human rights idea. The objects of devolution, according to the constitution, include promoting democracy and accountability, recognising diversity, enhancing people’s participation, protecting minorities and marginalised communities and sharing resources more equitably. All these can be linked to both the values of the constitution and the human rights provisions. The constitution envisages the counties as tools of…Human Rights And The Counties
Powers and functions of county governments
County powers, entrenched in the constitution, are intended to be exercised autonomously. They can only be varied or removed through a constitutional amendment, in which process the Senate or the county assemblies will have a key role. In order to assess the powers and functions of counties, it is necessary to relate them to the objectives of devolution. The objectives…Powers and functions of county governments
History and Objectives of Devolution
Significance of devolution Though limited in some ways, devolution represents a major transformation of the state and undoubtedly, in course of time, of society. It reverses the system of control and authority established by the colonial powers and perpetuated by successive presidents. Two major, interrelated, defining features of that system were the centralisation of power in the president and the… History and Objectives of Devolution.

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