Kwale Governor over the weekend had the opportunity to speak with Senators on behalf of the Council of Governors-Kenya at Serena beach. Here is his speech.
"INAUGRAL INDUCTION RETREAT OF THE SENATE LIASION COMMITTEE 15TH TO 18TH FEBRUARY 2018, MOMBASA COUNTY
Topic: Interface of committees with other stakeholders
The Senate Speaker
Honorable Senetors
Ladies and Gentlemen
1. First, let me take this opportunity to congratulate all of you honorable members who managed to be elected as Chairpersons to the committees of the Senate. As this second phase of the devolved system of governance kicks off, the work ahead calls for tenacity, commitment and dedication. Action, action and more action is and will be the mantra for the next five (5) years as we implement devolution.
2. The role of the Senate as contemplated in Article 96 of the Constitution is to protect the interests of the Counties. In legislation, oversight and representation, the Senate is expected to secure a strong legislative environment for County Governments to optimally deliver services; and successfully perform their functions and exercise their powers. In this regard, none can live without the other.
3. The achievements that you now witness in sectors like health, agriculture, roads, early childhood education and provision of water services are a true manifestation of the objects of devolution contemplated in Article 174 of the Constitution.
More and more citizens are participating in decision-making, local economies are growing faster than ever before and uplifting millions of livelihoods across the country, basic services are now closer to the people and resources are finally trickling down to the villages. Indeed, County Governments have the capacity to spur significant economic and social development capable of translating into reduced poverty levels and reduced unemployment rates.
4. What this means is that both levels of government need to genuinely work together for a common course- the success of devolution. The Senate should cultivate meaningful engagement with the County Governments so that it can develop legislation that truly addresses the needs of the Counties.
5. Successes: I am pleased celebrate the wins that culminated from the cooperation between the Senate and the County Governments, through the Council of Governors.
i. The Senate has been instrumental in allocation of national revenue. In the last financial year, the Senate was pivotal in guaranteeing an increase in the equitable share for Counties. The National Treasury had proposed KES 299 billion; the National Assembly reduced this to KES 291 billion; but Senate went with KES 314 billion.
Through persistence of the Senate, the Counties’ equitable share was agreed to the tune of KES 302 billion. The Council has had fruitful engagements with the Senate Budget and Appropriations Committee in lobbying for County interests to be included in the Budget Policy Statements and in also lobbying for adequate funding for County functions.
ii. The Senate has passed certain legislation to support County Governments’ operations and their governance. For instance, the County Assembly Services Act, 2017 sought to assist in the running of the Assemblies; the County Governments (Amendment) Act, (No. 2 of 2017) sought to assist County Assemblies achieve the two-third gender rule in their sittings; and the Public Appointments (County Assemblies Approval) Act, 2017 sought to lay down the procedures for County Assembly approval for public appointees.
iii. The Senate has had vibrant engagement with the Council. The Senate has participated and supported various Devolution Conferences. Actually, you are represented in the Planning and Steering Committee for the preparation of the 2018 Annual Devolution Conference scheduled to be held in Kakamega in April. We do look forward to your active participation in the panels.
iiii. Additionally, the Senate has always called upon the Council to appear before particular Committees or submit memoranda on Bills before the floor of the House. We do not always agree on all aspects of every Bill, but the Senate has always accorded the Council opportunities to present its issues on legislation.
Let us all build on this momentum and encourage meaningful consultations on Bills. We may need to explore establishment of an ad hoc intergovernmental committee that brings together the Council and the relevant Senate Committees to seek consensus on Bills and other legislative instruments that affect County Governments, before they are tabled in the Senate.
6. General challenges experienced in the first phase of implementation of the devolved system of governance:
i. There are laws that have been passed by Parliament and there are policies that have been developed and adopted by the National Government with provisions that seek to recentralize devolved functions back to the National Government.
ii. On funding, over the last four (4) years, County functions have not been adequately funded. As at the end of the transition period on 4th March, 2016, County Governments received an extra 31,113 kilometers of roads. Yet in the division of revenue for the financial year 2016/17 and 2017/18, no funds were allocated to the Counties to support the additional roads.
iii. Another challenge has been the duplication of functions. State agencies and corporations and regional development authorities must be restructured to align to the devolved system of government.
To illustrate: in the 2015/16 budget, a sum of KES 79.7 billion was allocated for agriculture, specifically irrigation projects, fisheries and livestock, yet under the Fourth Schedule of the Constitution Agriculture is a fully devolved function and the National Government’s mandate extends only to agricultural policy.
Regional Development Authorities like the Tana & Athi River Development Authority (TARDA), Kerio Valley Development Authority, Lake Basin Development Basin and others, also continue to receive a share of the national budget only for these monies to be utilized for projects related to devolved functions and this has resulted in massive wastage of public funds.
iiii. Statutory intergovernmental institutions must be strengthened and properly institutionalized for them to be more effective. The Council of Governors, Intergovernmental Relations Technical Committee, the National and County Government Coordinating Summit and the Intergovernmental Budget and Economic Council should be independent, and not housed under any ministry so that they can be able to speedily implement their decisions. The CoG has already developed proposed amendments to the IGRA to have its secretariat anchored in law, as resolved in several Summit meetings. We had shared these legislative amendments with the previous Senate for tabling and enactment.
v. I mention these challenges to you as the Chairpersons for the Senate Committees in emphasis of these two issues: one, that there is need to initiate necessary legislative amendments to ensure that devolution is operating in a conducive environment; and that two, there is need for the Senate and the Council to deepen their cooperation in order to find solutions to some of the teething challenges devolution is facing.
7. Interaction with Council of Governors and opportunities for collaboration:
i. As previously noted, it is important that we entrench a culture of consultation in matters of legislation. Where Counties raise critical issues in Bills and other legislative instruments, the Senate should consider their input and seek clarifications where necessary. Our engagement going forward on legislation on policy should be faithfully guided by Article 189 of the Constitution.
ii. Even in the consideration of whether a Bill concerns County Governments or not, it is important to look at the broader picture. Some functions may be exclusively National Government functions but their performance is affected by a County function. For instance, street lighting is a County function. However, it has been established that installation of street lights has led to reduced insecurity and increased economic activities. Such interfaces between functions cannot therefore go ignored.
iii. On the same note on legislation, the vision for the Chair of the Legal Affairs and Human Rights Committee is that all the forty-seven (47) Counties will enact County legislation on all the fourteen (14) devolved functions enshrined in the Fourth Schedule of the Constitution. In e resonating with the same, my challenge to you is that you ensure that there is overarching policy and legislation for every County function.
iiii. We implore you to hasten the enactment of the proposed Amendments to the County Governments Act since it will, among others, guide Nyeri and Nairobi Counties in the appointment of their Deputy Governors. The Council has developed a legislative memorandum on the Bill as is desirous to meet with the Devolution and Legal Committees to present its recommendations on the County Governments (Amendment) Bill, 2017.
v. Still on legislation, we need the Senate, in collaboration with the Council, to develop the following:• a framework for industrial negotiations; and• Legislation that will clearly provide for a framework for enforcement of County legislation in the courts. vi. On other matters, we need to continue collaborating in fora such as Devolution Conferences and multi-agency committees.
vii. Lastly, capacity building is also another area of cooperation between the Council and the Senate. We encourage exchange visits between the two institutions for our technical staff. As you may be aware, the Council works through sectoral Committees which are majorly aligned to the Committees of the Senate. Our Committees are supported by technical persons and it is our hope that there will be more interactions between the technical arms of both the Council and the Senate.
8. As I conclude, my message is simple- collaboration, cooperation, dialogue. Moving forward, a better working relationship needs to be forged between the two levels of government. Parliament, County Governments, the IGRTC, the Ministries, Independent Offices and Commissions, civil society- all should work together in the spirit of Article 6(2) for the good of devolution.
The potential of the devolved system of governance will be realized only if all the stakeholders assist, support and consult each other on performance of functions and exercise of powers. In this second phase of devolution, the Council is committed to mutual collaboration and engagement.
9. Finally the county governments are aware and commited to the implementation of the four agenda plan prioritized by the president and will realign their programs to partner with the national government to ensure smooth realization of these goals.
10. Receive best wishes from the Council as you lead your Committees in this second phase of devolution.
Thank you
H.E. Salim Mvurya
Governor, Kwale County"