"The County Government structure is slowly taking shape. Although Parliament is yet to legislate on the county government, the national government is moving fast to put in place its structure in the devolved units.
The President has appointed 47 County Commissioners to take office immediately, effectively scrapping Provincial Commissioners. The Teachers Service Commission (TSC) also announced its appointment of County Directors who will start work soon. By the time the Governors are elected and take office next year, the national Government will have their team of officers firmly in control.
The Constitution, in Section 189, requires that Governments at either level shall “liaise with the Government at the other level for the purpose of exchanging information, co-ordinating policies, administration and enhancing capacities” and that they shall “cooperate in the performance of functions and exercise of powers’.
It is also clear in the Constitution that the “constitutional responsibility for the performance of a function or exercise of power shall remain with the Government to which it is assigned by the Fourth Schedule.” Clearly then, the President and the TSC are in pursuit of implementing the Constitution.
However, there is a thin line between the roles, and powers, of the two governments at the county level. This largely explains why Parliament has had difficulty in passing the legislations relating to the Devolved Governments and Public Finance Management Bill.
And it can be gleaned from the pervasive functions the President assigned to the County Commissioners. The national Government departments at the counties shall come under their direct supervision, in addition to reporting directly to their national head offices.
For instance, County Directors will report directly to TSC. The Police will do the same, in addition to reporting to the County Commissioner. Other institutions or departments whose functions are held by the national Government as per the Fourth Schedule will do the same.
Yet, there will be a County Executive Committee chaired by the Governor, akin to the County Cabinet, which is mandated by the Constitution’ in Section 183 to “implement national legislation” and “manage and coordinate functions of the county administration and its departments.”
This is likely to create questions of exercising of authority by the County regime. The Constitution sets out the objectives of devolution in Section 174 to include “to give powers of self-governance” and “enhance participation of the people in the exercise of powers of the State in making decisions affecting them.”
It stresses the “right of communities to manage their own affairs.” This participation is through election of the County Governor and County Assembly which will establish the County Executive Committee (CEC) in which the executive authority of the county is vested.
No doubt the CEC will have executives mandated to deal with education and police for instance. This executive’s office will develop appropriate policies of the county for that sector which reflects the “manifesto of the Governor or his party or decision of the County Assembly.”
These policies may not sit well with those of national Government under which the function of the institution or department falls. To the extent that the national Government implements top-down policies, the goals in Section 174 may therefore not be realised.
It therefore calls for a sober review of the dockets the national Government is assigning their appointees. Whilst they have to deliver on their functions, it must be appreciated that this must be done in the context of an elected county regime that it has an overall mandate to deliver on the development of the county.
In the long term, it will be prudent to cascade further national Government functions to the counties as they develop capacity. For now, it should not be a fight for control of the county, but one for provision of services to the people."
"The writer is a former MP for Mandera Central and political economist." Courtesy of Standard Digital
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