Kenya Devolution CSOS Working Group (KDCWG) calls for the transfer of devolved functions

NAIROBI, Kenya, Jan 30…The Kenya Devolution Civil Society Organizations Working Group (KDCWG) while addressing the media said that failure of National government to transfer functions to County governments and the unwillingness of the National Treasury to fund them are killing the essence of devolution.

While reflecting on President Ruto’s swearing-in in September 2022 and devolution conference in August 2023 whereby the head of state had committed to have the functions transferred which is yet to be fulfilled.

“We look forward to completing this process within 30 days with counties also getting the attendant resources to enable devolved units to function optimally in delivering their constitutional mandate”, said KDCWG.

They called upon county governments to focus on their constitutional functions and immediately stop spending on national government mandates while compromising the quality of devolved services.

“Counties must remove MCAs from implementing development projects and eliminate unconstitutional funds like Ward Development Funds, Likewise national government must respect the principle of devolution and cease engaging in functions that have already been devolved”, they added.

Furthermore, they said National Treasury must ensure timely disbursement of the equitable share of nationally raised revenue to county governments as stipulated in the Public Finance Management Act without failing to avoid the disruption of service delivery.

“There must be cooperation, coordination and consultations between the national and county governments, through operationalization, strengthening, and adequate financing of the intergovernmental structures and forums can be achieved”.

Subsequently, KDCWG noted that National and county governments must take decisive action to curb the misuse of public resources by ensuring the timely publication of budget implementation reports with strict penalties enforced for non-compliance with the standards.

“Governors and Speakers of county assemblies must be held accountable for poor governance, including financial mismanagement, delays in settling pending bills that negatively impact citizens’ livelihoods, and failure to adhere to constitutional provisions on public service recruitment”, they stated.

The Civil Society Organizations Working Group further said unconstitutional funds such as the National Government Affirmative Action Fund (NGAAF) and the National Government Constituency Development Fund (NG-CDF) must be abolished immediately and resources channelled to county governments to improve service delivery and strengthen devolution.

“We are deeply concerned about the shrinking civic space in Kenya at the national and county levels with reports of intimidation and harassment targeting citizens and civil society organizations that speak out against corruption are alarming with alleged involvement of gangs linked to county officials and national government representatives in silencing dissent is a grave violation of democratic principles”.

“Such actions create a climate of fear that stifles accountability and undermines the rule of law. We demand immediate action to protect civic freedoms and hold those responsible for intimidation accountable” said KDCWG.