IMPACT OF DEVOLUTION ON DEMOCRATIZATION IN KENYA

Group members
BLAW/2024/73316 - JOY WAIRIMU
BLAW/2024/73303 - JADE KARIUKI
BLAW/2024/54944 - ANGELA NJOKI
BLAW/2024/59467 - SARAPHINA KARAMBU
BLAW/2024/56665 - JUDITH ROSELYNN CHEROTICH
BLAW/2024/55522 - MICHAEL BOAZ
BLAW/2024/54725 - NICK KARANI
THE IMPACT OF DEVOLUTION ON DEMOCRATIZATION IN KENYA
Devolution in Kenya refers to the transfer of power and functions from the national government
to 47 county governments as established by the Constitution of Kenya in 2010. This process aims
to enhance local governance and democratization by empowering counties to manage their
affairs, make decisions that directly affect their populations, and deliver relevant services locally.
The major facets of devolution include:
 Decentralization of Power: This allows for increased local involvement in governance,
ensuring that the population can partake in the decision-making process.
 Local Autonomy: Counties possess the authority to formulate laws, manage budgets, and
implement policies tailored to their specific contexts, fostering a sense of ownership and
responsibility.
 Public Participation: By devolving authority to local governments, citizens have the
opportunity to influence decisions that affect their lives, promoting transparency and
accountability.
 Service Delivery: The intent of decentralization is to enhance access to crucial services
such as healthcare, education, and infrastructure, addressing specific community needs.
 Equity and Inclusivity: Devolution is a means to rectify historical injustices and ensure
that marginalized communities have a voice and access to resources.

IMPORTANCE OF THE CONSTITUTION IN IMPLEMENTING DEVOLUTION

The Constitution of Kenya 2010 is vital in facilitating devolution, as it details the structure,
powers, and functions of county governments through several key aspects:
 Legal Framework: The Constitution sets forth the legal parameters necessary for
implementing devolution uniformly and effectively.
 Distribution of Powers: It defines the division of responsibilities between national and
county governments via the Fourth Schedule, clarifying governance.
 Establishment of County Governments: The Constitution mandates the formation of 47
county governments with elected leaders and respective legislative assemblies, enabling
local decision-making.
 Promotion of Democracy and Participation: It underscores democratic values and
necessitates public involvement in governance, enhancing accountability.
 Resource Allocation: A judicial formula for equitable resource distribution among
counties ensures fair funding and service provision.
  Checks and Balances: The Constitution establishes oversight mechanisms, such as
citizen involvement and Senate roles, to maintain accountability within county
governments.
 Conflict Resolution: provisions are made for resolving disputes between national and
county governments, promoting collaborative governance.
 Promotion of Good Governance: The Constitution emphasizes accountability and
transparency as essential to effective governance.
 Support for Marginalized Groups: It includes articles that protect the rights of
minorities and vulnerable populations, ensuring their voices are included in governance.
References: Constitution of Kenya (2010). Chapter Eleven. Republic of Kenya. (2010). Republic
of Kenya. (2010). Articles 174-175, Constitution of Kenya.United Nations Development
Programme (UNDP). (2015). Kenya's Devolution: A guide for citizens.Commission on Revenue
Allocation. (2020). The Revenue Allocation Act (2013).Republic of Kenya. (2010). Articles 96-
98.Republic of Kenya. (2010). Article 189 Transparency International. (2014). Republic of
Kenya. (2010). Articles 27 and 54

TRANSFER OF POWER FROM NATIONAL TO COUNTY GOVERNMENTS

The transfer of power from the national government to county governments is crucial to the
objectives of the 2010 Constitution. Key aspects of this transfer include:
 Legal Basis: Chapter Eleven of the Constitution specifies the framework for devolution,
establishing 47 autonomous county governments.
 Distribution of Functions: The Fourth Schedule delineates the specific powers and
functions of both national and county governments, allowing counties to independently
manage areas such as health and agriculture.
 Autonomy and Self-Governance: Counties can make localized decisions without direct
intervention from the national government, addressing community-specific challenges
effectively.
 Elected Leadership: Each county's elected officials ensure local representation and
accountability, increasing citizen engagement in governance.
 Resource Allocation: The Constitution emphasizes a fair distribution of national
resources among counties, crucial for funding services and development programs.
 Public Participation: Devolution prioritizes citizen involvement in governance, enabling
decisions to reflect residents' needs and priorities.
 Accountability and Oversight: Mechanisms for oversight ensure that county
governments remain accountable to their constituents.
  Conflict Resolution: Constitutional provisions facilitate resolving conflicts between
levels of government to ensure smooth operations.
References: Republic of Kenya. (2010). Chapter Eleven of the Constitution. Republic of Kenya.
(2010). Fourth Schedule, detailing national and county government functions. Kenya Law
Reform Commission. (2016). Republic of Kenya. (2010). Articles 180-182 Commission on
Revenue Allocation. (2020). National Council for Law Reporting. (2015). Office of the Auditor
General (OAG) Kenya. (2020). Republic of Kenya. (2010). Article 189
EMPOWERMENT OF CITIZENS THROUGH LOCAL DECISION MAKING
A principal aim of devolution in Kenya is to empower citizens through local decision-making.
This empowerment is manifested in several ways:
 Increased Participation:
o Direct Involvement: Devolution empowers citizens to express their needs and
priorities within the local government structure.
o Public Forums: Local governments facilitate public meetings, encouraging
community discussion and feedback on policies.
 Local Representation:
o Elected Leaders: The establishment of county assemblies ensures that local
representatives are accountable to their constituents.
o Diverse Voices: Local leadership supports inclusive representation, fostering a
participatory governance environment.
 Tailored Policies and Services:
o Contextual Solutions: Local governments can devise policies specifically
targeting community needs.
o Responsive Governance: Counties focus on addressing local challenges,
optimizing service provision.
 Capacity Building:
o Civic Education: Programs inform citizens about their rights and governance
functions, enhancing effective participation.
o Empowerment through Knowledge: Informed citizens are more likely to
engage with local governance systems.
 Feedback Mechanisms:
o Public Accountability: Mechanisms allow citizens to evaluate program
effectiveness and enhance accountability.
 o Complaints and Redress: Systems for grievances ensure citizen concerns are
addressed.
 Community Development Initiatives:
o Participatory Budgeting: Allowing citizen input during budgeting prioritizes
community-driven projects.
o Local Projects: Community engagement fosters ownership and participation in
development initiatives.
 Strengthening Social Cohesion:
o Building Trust: Involvement in local governance cultivates mutual responsibility
between citizens and leaders.
o Conflict Resolution: Engaging communities promotes more acceptable local
solutions.
References:Ogot, B. A., & Ochieng, W. R. (1995). "Decentralization in Kenya: A Review of the
Current Status." Republic of Kenya. (2010). Article 174. UNDP. (2015). "Local Governance and
Decentralization in Kenya." Kenya Institute for Public Policy Research and Analysis (KIPPRA).
(2019). "Civic Education for Effective Participation." World Bank. (2013). "Building Citizen
Engagement in Local Governance." Republic of Kenya. (2013). The County Government Act.
Kenya National Cohesion and Integration Commission. (2018). "Report on Social Cohesion and
Local Governance."

THE IMPACT OF DEVOLUTION ON DEMOCRATIZATION IN KENYA

The impact of devolution on democratization in Kenya is significant and multifaceted:
 Enhanced Political Participation:
o Local governance structures have enabled greater citizen involvement in political
processes.
o Increased voter engagement through elections for county governors and
assemblies fosters a politically active culture.
 Increased Accountability:
o Elected county officials must respond to citizens, promoting transparency in
governance.
o Oversight bodies, such as the Senate, incentivize good governance and corruption
reduction.
 Empowerment of Marginalized Groups:
 o Devolution has enhanced representation for minority groups, improving their
involvement in governance.
o Legal provisions promote gender inclusivity and empower underrepresented
voices.
 Local Decision-Making:
o County governments can implement policies tailored to their communities' unique
challenges.
o Public participation mechanisms enable citizens to influence budgeting and
planning processes.
 Strengthening Civil Society:
o Civil society organizations can now advocate for accountability and good
governance at local levels.
o Citizen awareness contributes to civic participation and social justice movements.
 Promotion of Good Governance:
o Initiatives for transparency, such as public reporting and open budgeting, cultivate
public trust.
o Discussions regarding ethics and integrity in governance have gained prominence
due to devolution.
 Conflict Resolution and Cohesion:
o Local governance enables grievances to be managed at the community level,
fostering social harmony.
o Participatory approaches enhance communication and education within different
community groups.
References: Kenya National Bureau of Statistics (KNBS). (2018). "Kenya Demographic and
Health Survey: Voter Engagement and Political Participation." Transparency International
Kenya. (2017). "Devolution and Accountability: The Role of the Senate in Governance. "United
Nations Development Programme (UNDP). (2016). "Kenya’s Constitution and the Rights of
Marginalized Groups. "National Council for Law Reporting. (2015). "The Role of Public
Participation in County Governance. "Ochieng, E. (2019). "The Role of Civil Society in
Promoting Good Governance in Kenya." Journal of African Governance. African Peer Review
Mechanism (APRM). (2020). "Kenya Country Review Report: Governance, Ethics, and
Integrity." International Institute for Democracy and Electoral Assistance (IDEA). (2018).
"Promoting Local Governance and Social Cohesion in Kenya."
THE SPLIT OF LEGISLATIVE AND EXECUTIVE AUTHORITY BETWEEN THE
NATIONAL AND COUNTY LEVELS
The separation of legislative and executive powers between national and county levels in Kenya
is integral to the devolution framework outlined in the 2010 Constitution:
Legislative Powers
National Level
 Parliament: The national legislature, comprising the National Assembly and the Senate,
enacts laws addressing matters of national concern.
 Legislation on Concurrent Functions: Some functions may be legislated by both the
national and county governments, with national legislation prevailing in case of conflict.
County Level
 County Assemblies: Each county has its assembly responsible for creating laws
governing local affairs.
 Local Policies: County assemblies formulate laws that specifically cater to local needs,
enhancing governance.
Executive Powers
National Level
 President: The President acts as the head of state and government, wielding overarching
executive authority.
 National Government Functions: The national executive oversees defense, foreign
affairs, and economic policy.
County Level
 Governors: Elected governors serve as chief executives for their counties, overseeing
local implementation of policies.
 County Executive Committees: Governors appoint committees to manage specific
domains (e.g. health, finance).
Mechanisms for Collaboration
 Intergovernmental Relations: Constitutional provisions promote collaboration between
national and county governments.
 Intergovernmental Relations Technical Committee: This committee coordinates
interactions and resolves conflicts between levels of government.
References: Republic of Kenya. (2010). "The Constitution of Kenya, Chapter Eight: The
Legislature. "Parliament of Kenya. (2018). "Legislative Framework for County Governments.
"Republic of Kenya. (2010). "Articles 175-181 on County Governments and Assemblies.
"Republic of Kenya. (2010). "Chapter Nine: The Executive. "Intergovernmental Relations
Technical Committee. (2016). "Guidelines on Intergovernmental Relations in Kenya."
INCREASED CITIZEN PARTICIPATION IN GOVERNANCE
The increase in citizen participation in government, particularly as a result of devolution, has
several advantages:
 Enhanced Accessibility:
o Local governance structures improve accessibility, allowing people to engage
with leaders and access services closely.
o Public forums enable citizens to express their concerns and participate in
discussions.
 Mechanisms for Engagement:
o Participatory budgeting empowers citizens to influence resource allocation based
on their community's needs.
o Constitutional mandates for public involvement ensure contributions to decision-
making processes.
 Empowerment of Communities:
o Local decision-making allows citizens to participate in policies affecting them
effectively.
o Community-led initiatives foster local responsibility for developmental projects.
 Strengthening Accountability:
o Direct accountability of elected officials increases responsiveness to community
needs.
o Public oversight by civil organization promotes transparency and ethical
governance.
 Promotion of Inclusivity:
o Devolution enhances representation for marginalized groups in governance.
o Provisions ensure underrepresented communities have a voice in decision-making
processes.
 Civic Education and Awareness:
o Programs increase community knowledge of rights and duties, invigorating civic
participation.
 o A culture of civic engagement is cultivated through education and awareness
initiatives.
 Conflict Resolution and Social Cohesion:
o Engaging citizens promotes dialogue and mutual understanding among
community members.
o Addressing local grievances enhances government responsiveness.
References: Republic of Kenya. (2013). "County Government Act: Promoting Citizen
Engagement." National Council for Law Reporting. (2015). "Public Participation in Governance:
Guidelines for County Governments. "United Nations Development Programme (UNDP).
(2017). "Community-Led Development Initiatives in Kenya." Office of the Auditor General
(OAG) Kenya. (2019). "Audit Reports on County Governments and Accountability." Republic of
Kenya. (2010). "Article 27 on Equality and Freedom from Discrimination." Kenya National
Commission on Human Rights. (2015). "Civic Education: Empowering Citizens." Karanja, S.
(2018). "Community Engagement in Conflict Resolution: A Case Study of Kenyan Counties."
Journal of Conflict Studies.
COMPARISON OF PRE AND POST DEVOLUTION GOVERNANCE STRUCTURES
The differences between pre- and post-devolution governance structures in Kenya illustrate
significant improvements in governance, accountability, and citizen participation:
 Governance Framework:
o Pre-Devolution: Authority was highly centralized, limiting local autonomy.
o Post-Devolution: Decentralized governance empowers local governments with
greater autonomy.
 Legislative Structures:
o Pre-Devolution: National legislature dominated decision-making with limited
local input.
o Post-Devolution: Establishment of county assemblies enables localized
legislation.
 Executive Powers:
o Pre-Devolution: Strong national executive centralized control over all facets of
governance.
o Post-Devolution: Empowered governors manage local resources and policies,
enhancing responsiveness.
 Citizen Engagement and Participation:
o Pre-Devolution: Limited mechanisms for citizen involvement in governance.
 o Post-Devolution: Increased public participation enhances citizen empowerment.
 Accountability and Oversight:
o Pre-Devolution: Weak accountability mechanisms allowed persistent corruption.
o Post-Devolution: Strengthened oversight bodies and local accountability measures
foster transparency.
References: Akech, M. (2017). "Decentralization and Governance in Kenya: Pre and Post
Devolution." Journal of African Law.
Republic of Kenya. (2010). "Impact of Devolution on Legislative Structures in Kenya." Ochieng,
J. (2019). "Transformations in Executive Powers Post-Devolution in Kenya." African Journal of
Political Science. Institute for Economic Affairs (IEA) Kenya. (2020). "Citizen Participation in
Governance: The Shift Post-Devolution." Governance, Accountability, and Participation
Programme (GAPP). (2018). "The Role of Devolution in Enhancing Accountability in Kenya."
CHALLENGES AND SUCCESS OF DEVOLUTION IN KENYA
Since its inception following the 2010 Constitution, devolution in Kenya presents both successes
and challenges:
Successes of Devolution
 Increased Local Governance: 47 county governments enhance local accountability.
 Improved Service Delivery: Local governments tailor services to community needs.
 Enhanced Citizen Participation: Public involvement in governance fosters community
engagement.
 Empowerment of Marginalized Groups: Devolution amplifies minority voices in
governance.
 Economic Development: Local control fosters initiatives that stimulate economic
growth.
Challenges of Devolution
 Capacity Issues: Many county governments lack the resources to effectively deliver
mandates.
 Corruption and Mismanagement: Corruption remains a challenge despite the push for
transparency.
 Resource Allocation Disparities: Unequal distribution of resources among counties
exacerbates inequalities.
 Political Tensions: Competition among political leaders can hinder cooperation.
  Inconsistent Implementation: The process of devolution has not been uniformly
successful across counties.

FUTURE PROSPECTS FOR DEVOLUTION IN KENYA

Several key factors will shape the future of devolution in Kenya, highlighting opportunities for
improvement:
 Strengthening Capacity:
o Investing in training for county officials can enhance administrative capabilities.
o Equitable resource allocation enables counties to operate effectively.
 Improving Accountability and Transparency:
o Strengthening oversight mechanisms promotes accountability at the county level.
o Enhanced public participation initiatives build trust and openness.
 Decentralized Economic Development:
o Counties must formulate localized economic strategies to stimulate sustainable
growth.
o Public-private partnerships can enhance investments in locally driven projects.
 Integration of Technology:
o E-governance enhances efficiency and citizen engagement within local
governments.
o Data analytics facilitate informed decision-making based on community needs.
 Promoting Inclusivity:
o Continued efforts must ensure marginalized groups are represented.
o Civic education fosters an informed citizenry engaged in governance.
 Intergovernmental Relations:
o Collaboration between national and county governments fosters unity and
efficiency.
o Conflict resolution mechanisms can promote cooperation and diminish
divisiveness.
 Addressing Regional Disparities:
 o Policies facilitating equal resource distribution ensure all counties can thrive.
o Targeted support mechanisms develop neglected regions equitably.
 Policy Reforms and Legal Frameworks:
o Regular reviews of devolution laws can eliminate loopholes.
o Constitutional amendments may be considered to address emerging challenges.
References: Kenya Institute for Public Policy Research and Analysis (KIPPRA). (2020).
"Enhancing Capacity for County Governance." Office of the Auditor General (OAG) Kenya.
(2021). "Strengthening Accountability Mechanisms in County Governments." United Nations
Development Programme (UNDP). (2017). "Local Economic Development Strategies for
Counties." Kenya Information and Communications Technology Authority (KICTA). (2019). "E-
Governance Strategies for Local Governments." National Gender and Equality Commission
(NGEC). (2020). "Promoting Inclusivity in Devolved Governance." Intergovernmental Relations
Technical Committee. (2020). "Framework for Cooperation Between National and County
Governments." Republic of Kenya. (2020). "Policies for Equitable Development: Addressing
Regional Disparities." Kenya Law Reform Commission. (2019). "Review of Devolution Laws:
Recommendations for Reform."

conclusion
In summary, the Constitution of Kenya 2010 has laid the foundation for devolution, fostering
democratic practices, enhancing local accountability, and improving service delivery. This shift
towards decentralized governance empowers local authorities, amplifies democratic
participation, and ensures local priorities guide development efforts. While devolution has
significantly advanced democratization by enhancing engagement, accountability, and
representation, challenges remain for effective implementation