Devolution: A Step Closer or Away to Development?
Ideally, devolution is engineered to foster democracy. However, devolution is a damocles sword in that it may also plummet democracy. This can arise in political capture of decentralization thus leading to re-centralization at the devolved units(counties).[1] Wrangles emanating between unaccountable political echelons and their accountable fellow county heads may lead to a rift and eventual defeat of the spirit of devolution reminiscent of the annihilation of the Majimbo system of governance at the dawn of the Republic.
Greater self governance though seen as a panacea to tribalism and ethnic clashes, may turn out to the contrary. The ethnonationalist pressures for autonomy may sire secession especially amongst once-marginalised and minority communities. A case in example is the 1995 Referendum of the francophone Quebec Province in Canada, and the 1967-70 Biafran War of Nigeria sparked by religious differences.[2]Are civil and religious (mis)leaders Pavlovian? At the sound of the knell (injustice) coming out for food(press releases) and then retreating to their cages? Is their supremacy real or a mirage? Are their legal impact on the society visible or hazy? Incorporation and adoption of Christianity and Islam in Kenya was borne out of the necessity of political hegemony over Africans.[3] This leads us to the draconian question: will the political elites of the day seek the solace of religion to subdue the people’s will that contravenes their political ideologies? Currently, we have the ongoing row between the Ameru christian counties and the Islam dominated Northern counties concerning miraa ban . The ongoing 'terror cleansing' onslaught in Eastleigh has been lauded by Christian leaders, and heavily chastised by Islamic leaders. Will leaders and their cohorts in counties that are largely dominated by a single religion invoke their faith to discriminate against citizens professing another faith? How devolution will stem the othering of citizens along ethnic and religious lines remains to be seen.
On Friday, May 11,2011 retired President Kibaki appointed 47 County Commissioners(Centre for Rights education & Awareness(CREAW) & others v The Attorney General & Another [2012] eKLR). He cited section 17 of the Sixth Schedule of the Constitution which says:
Within 5 years after the effective date (i.e. 27th August 2010), the National Government shall restructure the system of administration commonly known as the provincial administration to accord with and respect the system of devolved government established under this Constitution.
The Central Government’s presence at the local level and its putting up its structures has led to a clash of titans between the county commissioners and the governors.(The National Government Co-ordination Act No.1 of 2013 at Section 15) Is the institute of county commissioners not a reincarnation of the notorious provincial administration? What was once touted as the “...anti-thesis of people’s right to govern themselves...”?[CKRC,2002:180]
Article 6 and Schedule 4 of the constitution, provide duties for both the National and County Governments at the local level. However, Article 174(h) implies that the county government is to perform the roles of the central government. Will the Central Government provide fully-fledged support to the counties or will it see that devolution snags on underfunding?
Devolution provides more initiatives for meaningful citizen participation in public decision-making.This is enshrined in Article 196 of the Constitution. Active public participation spurs increased accountability of regional and local officials. Citizens have more opportunities and more incentives to choose their representatives,engage them and monitor their work.Devolution has also led to the creation of more elective seats in the political arena.This leads to increased political competition thus a higher respect for the rule of law. The increased potential “entry points” for new candidates and parties, provides extra opportunities for representation of diverse groups and interests.A strong opposition and the increased public participation will keep the running government at its toes thus spurring more economic growth and democratic gains.
The county governments will continually compete amongst themselves to attract expatriates in business and technology,investment and skilled labor. Such competition will typically make it costly for any county government or the central government to impose excessive regulations,measures,quotas or taxes.[4]Less government regulation spurs economic growth.[5]If one county government imposes higher taxes or excessive regulations, businesses and investors will tend to seek another county with relaxed restrictions.
With the advent of national schools in all counties, establishments of centres of excellence across the country, birth of universities and more learning institutions; education will provide an impetus for competition among the counties. Skilled and non-skilled labor will be of paramount importance to the individualized county development which will gradually translate to national growth.[6]
The reforms and social changes accompanying devolution raise inevitable questions. Is devolution the path to democracy and sustainable development? Or will devolution become a failure?
REFERENCE
Principles of Devolution in Kenya, Article 175 of the Constitution of Kenya 2010
Colin Leys,Rise and Fall of Development:Learning from the Kenyan Debate Theory. (London:Currey 1996)
Charo J.B(1977) “The Impact of Land Adjudication under the Titles Act Cap. 282 in Kilifi District”,LLB Dissertation university of Nairobi
George Saitoti,The Challenges of Economic and Institutional Reforms in Africa.(Ashgate publishing Limited 2002)
Kjell J.Havnevik,Tanzania:The Limits to Development from Above (Nordiska Afrikainstitutet,1993)
[1] Adams Oloo ,’Devolution and Democratic Governance:Options for Kenya’ in Thomas N. Kibua (eds), Decentralization and Devolution in Kenya: New Approaches (Nairobi University Press 2008)
[2] Rudolph Joseph, Politics and Ethnicity:A Comparative Study New York:Palgrave,2006
[3] Hansen,Holger Bernt; Twaddle Michael(eds) Religion and Politics in East Africa:Period since Independence(James curry Ltd 1995)
[4] Jimnah Mbaru,Transforming Africa.(East african Publishers Limited 2003)
[5] Philip Ndegwa, The African Challenge:In Search of Appropriate Development Strategies (Heinemann Kenya 1986)
