There is need to review Laws on Devolution, CS Wamalwa says.

 Devulotion Cabinet Secretary Eugene Wamalwa in a past function. He says there is need to review laws that govern the operations of devolution in the country-File Photo.

By Dickson Odhiambo.

 June 6, 2018.

There is need to review Laws on Devolution, CS Wamalwa says.

THERE is need to review laws that govern the operations of devolution in the country, a Cabinet Secretary has said.

Cabinet Secretary in charge of Devolution and Arid and semi arid areas Eugene Wamalwa says various stakeholders have embarked on the journey of reviewing the County Government Act, 2012 and the Intergovernmental Relations Act 2012.

In a speech read on his behalf by Chief Administrative Secretary in the Ministry of Devolution Hussein Dado in Kisumu during the official opening of a five day workshop on the comprehensive review of devolution laws, Wamalwa said the two Acts are critical as they guide the management of devolution and intergovernmental relations between the two level of Governments and corresponding institutions.

Wamalwa said now devolution, having undergone the first phase in the last five years, there is now need to review the established structures and current legal framework to fill the gaps that have become evident in order to strengthen devolved governance in the country.

“One of the objectives of my Ministry is to harmonize laws, policies and regulations that are inconsistent with the devolved system of government,” Wamalwa said in his speech.

The Cabinet Secretary said there is need to generate various Bills necessary for implementation of an effective devolved system of government in collaboration with other stakeholders in the devolution sector.

“The Bills and policies developed must undergo the requisite public participation to capture the views of the people before they are gazetted into laws,” he added.

Wamalwa said preliminary work done so far on the review of laws on devolution has identified that several sections and clauses that need to be reviewed in the two Acts.

“The proposed amendments have been garnered from our experiences of implementing devolution where a number of emerging issues and challenges have been noted,” Wamalwa added.

The Cabinet Secretary however said they are not limiting the review only to the proposed amendments.

Wamalwa said some of the sections that have been proposed for amendments include Section 30 on the functions and responsibilities of a County Governor and Section 33{1} and{7} on the removal of a Governor.

“It has been proposed that section 30 A be introduced to provide for the mechanisms for the assumption of the office of the governor or to specifically mandate the Cabinet Secretary in charge of devolution to develop regulations for the same,” said Wamalwa, adding that both the constitution and the County Government Act are silent on the transition, processes and procedures for assumption of the office of the County Governor.

He said it has also been proposed that Section 33 {1} and{7} on the removal of a Governor be amended so as to provide for a high threshold on the number of Senate Members and County Assembly Members required to impeach a governor.

“It is hoped that such a proposal will prevent frivolous motions on the impeachment of governors and ensure that Governors are not perpetually living in fear of impeachment by MCAs,” he further added.

The ongoing workshop has brought together the representatives of Council of Governors, Deputy Governors Forum, Council of County Ministers Forum, County Assemblies Forum, County Attorneys Forum, County Public Service Board National Consultative Forum, County Secretaries Forum, Intergovernmental Technical Committee, Kenya Law Reforms Commission and the Commission for Revenue Allocation.

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