Devolved Governance Through a Human Rights Lens

Abridged Version

DEVOLVED GOVERNANCE THROUGH A HUMAN RIGHTS LENS

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road P.O BOX 41079-00100, Nairobi,Kenya Tel: +254-020 2044545/020 2106709/ 020 2106763 Mobile No: 0733629034, 0722264497 Fax: +254-020 -3874997 Email: [email protected] Website: www.khrc.or.ke KHRC August 2015

Table of Contents LIST OF FIGURES AND TABLES ...... 3

ACKNOWLEDGEMENTS ...... 4

EXECUTIVE SUMMARY ...... 5

BACKGROUND ...... 6 Abridged Version FINDINGS ...... 7

THEME 1: Public Participation, Civic Education and Access to Information ...... 7

INTRODUCTION ...... 7 POLICY AND LAWS FOR PUBLIC PARTICIPATION ...... 7 CIVICDEVOLVED EDUCATION ...... GOVERNANCE...... 9 COMMUNICATION AND ACCESS TO INFORMATION ...... 10 STRATEGIES FOR INCLUSION AND INTEGRATION ...... 10 THEME 2: Leadership andTHROUGH Integrity ...... A HUMAN...... 11 INTRODUCTION ...... RIGHTS...... LENS...... 11 LEADERSHIP AND INTEGRITY ...... 11 FINANCIAL MANAGEMENT AND ACCOUNTABILITY ...... 12 FINANCIAL MANAGEMENT POLICY ...... 13 THEME 3: Devolution and Equity ...... 14

FRAMEWORK FOR REVENUE COLLECTION ...... 15 TRADE AND DEVELOPMENT ...... 16 COUNTY TAXATION POLICIES ...... 17 LAND, ENVIRONMENT AND RESOURCE MANAGEMENT ...... 17 ENVIRONMENT AND SHARED RESOURCE MANAGEMENT ...... 18 THEME 4: Access to Justice and Security ...... 20

THEME 5: Effective Service Delivery ...... 21

INTER-COUNTY CONFLICT AND COLLABORATION ...... 22 MONITORING AND EVALUATION ...... 24 CONCLUSION ...... 26 Published by: KENYA HUMAN RIGHTS COMMISSION REFERENCES ...... 27 Opposite Valley Arcade, Gitanga Road, A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD

P.O Box 41079, 00100 GPO, Nairobi, Kenya. PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road Tel. +254-020-3874998/9 3876065/6 Fax. +254-020-3874997 P.O BOX 41079-00100, Nairobi,Kenya Email: [email protected] Tel: +254-020 2044545/020 2106709/ 020 2106763 www.khrc.or.ke Mobile No: 0733629034, 0722264497 Fax: +254-020 -3874997 Email: [email protected] 2 Website: www.khrc.or.ke Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 2

Table of Contents LIST OF FIGURES AND TABLES ...... 3

ACKNOWLEDGEMENTS ...... 4

EXECUTIVE SUMMARY ...... 5

BACKGROUND ...... 6 Abridged Version FINDINGS ...... 7

THEME 1: Public Participation, Civic Education and Access to Information ...... 7

THEME 5: Effective Service Delivery ...... 21

ACKNOWLEDGEMENTS This publication was authored by Dr. Jushua Kivuva, a senior lecturer at the University of Nairobi and consultant retained by the Kenya Human Rights Commission (KHRC) to conduct a baseline study on the status of implementation of devolution by counties as Table of Contents assessed against KHRC’s Model County Criteria Award and Scheme. The KHRC LIST OF FIGURES AND TABLES ...... 3 acknowledges Dr. Kivuva for his thorough review of various official documents and the analysis thereof that resulted into this publication. ACKNOWLEDGEMENTS ...... 4 LIST OF FIGURES AND TABLES The KHRC duly recognizes and appreciates Davis Malombe, the Acting Executive EXECUTIVE SUMMARY ...... 5 Director, for his strategic leadership and guidance throughout the assignment. Further,

BACKGROUND ...... 6 the role played by Davis Malombe, Elizabeth Kariuki (Programme Manager, Economic and Abridged Version List of Figures Version Abridged SocialAbridged Justice), VersionJulie Kingsland (Programme Manager, Monitoring Evaluation and Learning) FINDINGS ...... 7 Figure 1: Framework for Public Participation ...... 8 and Samwel Oyomo (Programme Advisor on Devolution and Accountability) in the conceptualization, technical input and supervision of the study and subsequent critique of Figure 2: Participation in County Affairs ...... 8 THEME 1: Public Participation, Civic Education and Access to Information ...... 7 the report is highly applauded. Figure 3: Framework for Civic Education ...... 9 INTRODUCTION ...... 7 The KHRC is indebted to the Mr. Kinuthia Wamwangi (Chairman, Transition Authority), POLICY AND LAWS FOR PUBLIC PARTICIPATION ...... 7 Figure 4: Strategies for Inclusion and Integration ...... 11 Dr. Robert Kagiri (Personal Assistant to the Chairman of Transition Authority) and the CIVICDEVOLVED EDUCATION ...... GOVERNANCE...... 9 GOVERNANCE DEVOLVED DEVOLVED GOVERNANCE Figure 5: Persons with Questionable Character (QC) ...... 12 COMMUNICATION AND ACCESS TO INFORMATION ...... 10 secretariat of the Transition Authority for the invaluable technical input and support STRATEGIES FOR INCLUSION AND INTEGRATION ...... 10 Figure 6: Financial Management ...... 13 throughout the project. THEME 2: Leadership andTHROUGH Integrity ...... A HUMAN...... 11 HUMAN A THROUGH THROUGH A HUMAN Figure 7: Development Priorities per County ...... 15 We thank the Monitoring and Evaluation Directorate of the Ministry of Devolution and INTRODUCTION ...... RIGHTS...... LENS...... 11 Figure 8: FrameworkLENS for Revenue Collection ...... RIGHTS ...... 15 planning for their invaluable input into the data collectionRIGHTS toolkit. The insights receivedLENS on LEADERSHIP AND INTEGRITY ...... 11 sources of data as well as the goodwill expressed in availing relevant references for the FINANCIAL MANAGEMENT AND ACCOUNTABILITY ...... 12 Figure 9: Framework for Trade Development ...... 17 study is duly appreciated. FINANCIAL MANAGEMENT POLICY ...... 13 Figure 10: Framework for Land and Resource Management ...... 18 THEME 3: Devolution and Equity ...... 14 Figure 11: Environment and Shared Resources ...... 19 The KHRC appreciates the editorial and graphics work done by the communication team lead by Ms. Audrey Wabwire (Programme Manager, Communications and Learning) and FRAMEWORK FOR REVENUE COLLECTION ...... 15 Figure 12: Mechanisms for Seeking Justice ...... 20 TRADE AND DEVELOPMENT ...... 16 Mr. Medika Medi. Additionally, we acknowledge the support accorded by staff, of COUNTY TAXATION POLICIES ...... 17 Figure 13: Monitoring and Evaluation ...... 24 particular mention, Lillian Kantai (Formerly Programme Advisor on security issues at the LAND, ENVIRONMENT AND RESOURCE MANAGEMENT ...... 17 KHRC) and Diana Gichengo (Programme Advisor, Political Pluralism and Diversity) and all ENVIRONMENT AND SHARED RESOURCE MANAGEMENT ...... 18 other staff who supported this work in one way or another. THEME 4: Access to Justice and Security ...... 20 List of Tables Finally, the KHRC wishes to extend its deepest appreciation to Drivers of Accountability THEME 5: Effective Service Delivery ...... 21 Programme (DAP), which provided financial support for the baseline study and publication Table 1: Summary of Training already done for Counties at the KSG ...... 22 INTER-COUNTY CONFLICT AND COLLABORATION ...... 22 of this document. MONITORING AND EVALUATION ...... 24

CONCLUSION ...... 26

REFERENCES ...... 27 A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD

P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O Tel: +254-020 2044545/020 2106709/ 020 2106763 Tel: +254-020 2044545/020 2106709/ 020 2106763 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 Mobile No: 0733629034, 0722264497 0722264497 0733629034, No: Mobile Fax: +254-020 -3874997 Fax: +254-020 -3874997 -3874997 +254-020 Fax: Email: [email protected] 2 Email: [email protected] [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 3 Devolved Governance2015 Through3 August A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 4

CONCLUSION ...... 26

REFERENCES ...... 27 A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD

ACKNOWLEDGEMENTS EXECUTIVE SUMMARY BACKGROUND This publication was authored by Dr. Jushua Kivuva, a senior lecturer at the University of The survey aimed to gather county baseline data to establish: 1).What counties have done The Kenya Human Rights Commission (KHRC) is the premier flagship non-governmental Nairobi and consultant retained by the Kenya Human Rights Commission (KHRC) to on the ten points? 2). How much information is readily available about what County human rights and governance institution founded in 1991 with a vision to ‘secure human conduct a baseline study on the status of implementation of devolution by counties as Governments have done and are doing? 3). Existing gaps on the same to facilitate a better rights states and societies’ and a mission to ‘foster human rights, democratic values, human assessed against KHRC’s Model County Criteria Award and Scheme. The KHRC acknowledges Dr. Kivuva for his thorough review of various official documents and the and more informed engagement with the counties. Findings show that despite County dignity and social justice’. Towards this, the KHRC is implementing a project named analysis thereof that resulted into this publication. Governments involving the people in many “public” forums and utilizing several media to “Towards a Human Rights Centred Devolved Governance,” that aims to ensure that The KHRC duly recognizes and appreciates Davis Malombe, the Acting Executive make information available, public participation, communication and access to information the devolved governance system in Kenya is enhanced and accountable in services Director, for his strategic leadership and guidance throughout the assignment. Further, is still problematic. Policies, legislation and important mechanisms and frameworks are delivery and protection of human rights. KHRC formulated and published the Ten Point the role played by Davis Malombe, Elizabeth Kariuki (Programme Manager, Economic and missing and leaders do not differentiate public participation from civic education, which Model County Award Criteria and Scheme, on March 12th, 2015, outlining ten human SocialAbridged Justice), VersionJulie Kingsland (Programme Manager, Monitoring Evaluation and Learning) Version Abridged Abridged Version and Samwel Oyomo (Programme Advisor on Devolution and Accountability) in the they have assumed are the same thing. rights and governance principles that define a model county, and which the performance conceptualization, technical input and supervision of the study and subsequent critique of of counties was to be monitored.1The objective of the survey was to gather baseline data About eight in ten Kenyans find it difficult to participate in key county activities and to the report is highly applauded. per county on each of the identified parameters to enable KHRC measure change access information on county budgets, legislation, and project plans mainly because the The KHRC is indebted to the Mr. Kinuthia Wamwangi (Chairman, Transition Authority), achieved in each of the parameters in the course of the project, which will form the basis information is not easily accessible to the wider population while the media commonly Dr. RobertDEVOLVED Kagiri (Personal Assistant to the ChairmanGOVERNANCE of Transition Authority) and the GOVERNANCE DEVOLVED for theDEVOLVED conferment of the model county award GOVERNANCE in 2016. The survey relied on desk secretariat of the Transition Authority for the invaluable technical input and support used is out of reach for the majority of people. throughout the project. review. THROUGH A HUMAN Despite majority of HUMAN counties A lacking a policy on inclusion and THROUGH integration in county THROUGH A HUMAN We thank the Monitoring and Evaluation Directorate of the Ministry of Devolution and development and governance, good progress has been made women, youth, and PWDs planning for their invaluable input into the data collectionRIGHTS toolkit. The insights receivedLENS on LENS RIGHTS RIGHTS LENS sources of data as well as the goodwill expressed in availing relevant references for the have been recruited; facilities and special programs for them provided; and, budgetary study is duly appreciated. allocation set aside.

The KHRC appreciates the editorial and graphics work done by the communication team Agriculture, infrastructure and health have been prioritized; County Land Management lead by Ms. Audrey Wabwire (Programme Manager, Communications and Learning) and Mr. Medika Medi. Additionally, we acknowledge the support accorded by staff, of Boards (CLMBs) and revenue collection mechanisms established. Nevertheless, particular mention, Lillian Kantai (Formerly Programme Advisor on security issues at the Corruption, financial mismanagement and poor governance persists in counties; KHRC) and Diana Gichengo (Programme Advisor, Political Pluralism and Diversity) and all introduced taxes either unfair or illegal, while many counties lack M&E mechanisms. other staff who supported this work in one way or another. ‘Nyumba Kumi initiatives’ and community policing committees are the common strategies Finally, the KHRC wishes to extend its deepest appreciation to Drivers of Accountability Programme (DAP), which provided financial support for the baseline study and publication for crime prevention while violent robberies, gender based violence and ethnic violence of this document. are the common security threats.

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road Valley Arcade, Gitanga Road 1 10 principles are: Public participation andRoad Access toGitanga Information;Arcade, Integrity,Valley Transparency and Accountability; P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya Economic and Social Rights and Development;Nairobi,Kenya Equality and Non41079-00100, - Discrimination;BOX P.O Access to Justice and Security; Tax Justice, Fiscal Prudence and Trade Development; Land Rights and Natural Resources Governance; Other Fundamental Tel: +254-020 2044545/020 2106709/ 020 2106763 Tel: +254-020 2044545/020 2106709/ 020 2106763 Rights and Freedoms;2106763 Devolution020 of 2106709/ Power; Monitoring 2044545/020 and Evaluation+254-020 Process.Tel: These were regrouped further into: Mobile No: 0733629034, 0722264497 Mobile No: 0733629034, 0722264497 effective public participation; leadership and0722264497 integrity; devolution0733629034, No: and equity;Mobile access to justice and effective service Fax: +254-020 -3874997 Fax: +254-020 -3874997 delivery -3874997 +254-020 Fax: Email: [email protected] Email: [email protected] 6 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 5 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 6

BACKGROUND FINDINGS Figure 1: Framework for Public Participation The Kenya Human Rights Commission (KHRC) is the premier flagship non-governmental human rights and governance institution founded in 1991 with a vision to ‘secure human THEME 1: Public Participation, Civic Education and Access to Information Public Par)cipa)on rights states and societies’ and a mission to ‘foster human rights, democratic values, human 150 Introduction 100% dignity and social justice’. Towards this, the KHRC is implementing a project named 100 63.8% 57.4% 31.9% 42.6% Public participation is the direct influence and involvement of citizen and other 50 “Towards a Human Rights Centred Devolved Governance,” that aims to ensure that 0% stakeholders in governance on matters that affect their lives and involves the processes, 0 the devolved governance system in Kenya is enhanced and accountable in services % of COun)es Policy Laws Rules spaces and capacity for citizens (and groups) to exercise their rights. Effective public delivery and protection of human rights. KHRC formulated and published the Ten Point %Coun=es with %Coun=es without participation entails clear mechanisms for participation and communication between Model County Award Criteria and Scheme, on March 12th, 2015, outlining ten human Abridged Version citizens and government. Public participation is a national value and principleVersion of Abridged Abridged Version rights and governance principles that define a model county, and which the performance 2 The most commonly used platforms for citizen participation are: public hearings and 1 governance and County Governments are required to ensure citizen participation in the of counties was to be monitored. The objective of the survey was to gather baseline data budget preparation or validation forums, which are in every county; public planning; ICT governance process.3 Since public participation cannot be effective without information, per county on each of the identified parameters to enable KHRC measure change Platforms, mainly, interactive websites, Twitter feeds, Facebook pages and ICT citizens have the right to access information held by the State and (any other) person achieved in each of the parameters in the course of the project, which will form the basis departments); development projects sites; visitation forums; public watchdog groups; acting on behalf of the State.4 for theDEVOLVED conferment of the model county award GOVERNANCE in 2016. The survey relied on desk GOVERNANCE DEVOLVED focus groupDEVOLVED discussions (FGDs); citizen’s advisory GOVERNANCE boards and county open days. review. THROUGH A HUMAN HUMAN A THROUGH FigureTHROUGH 2: Participation in County Affairs A HUMAN Policy and laws for Public Participation

County Governments have embraced provisions for effective public participation; have RIGHTS LENS LENS RIGHTS easy / very easy difficult / very difficultRIGHTS Don't know LENS held several “public” forums; and divergent communication frameworks. However, most 100% counties do not have the relevant policies, even where they have legislation in place, 11% 11% 11% 80% meaning that the majority of legislation made is not anchored on any policy. For example, 60% 80% 81% 78% of the 31 counties with public participation legislation, none had a public participation 40% 20% policy; of the 47 counties, none has a policy on public participation, while 31 counties 0% (64%) have legislation. The others 16 don’t have it.5 By mid-June 2015, 20 counties6 had Participation in county Influence in county Access to information on budgeting and planning decision making county budgets, legislation 7 8 passed Public Participation Act(s), while 11 County Assemblies had tabled bills before and project plans

their respective assemblies. Thus, 16 counties had neither introduced nor passed similar

acts.9 (Figure 1) Despite participation being an important Constitutional principle in Kenya embedded in

policy framework, legislated and provided in governance mechanisms, the realization of

2 GoK, 2010.The Constitution of Kenya, 2010. Article 10(2) (a): Nairobi: National Council for Law Reporting (KLR) with participatory governance remains pathetic.10 According to Afrobarometer study11 only the Authority of the Attorney General, 2010. Also found at www.kenyalaw.org 3 CoK (2010), Fourth Schedule 11% of the citizens polled find it easy to participate in county budgeting and planning. 4 GoK 2010. The Constitution of Kenya 2010. Article 35(1) (a&b) 5 A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD They includeGOOD HomaAND Bay, Isiolo,ISSUES Kilifi, KirinyagaTRENDS, , Kitui, Kwale, Mandera,EMERGING ON Migori, Nyamira,ANALYSIS Nyandarua, Tana River,COMPARATIVE A OverA COMPARATIVE 78% found it either ANALYSIS difficult or veryON difficultEMERGING to participate TRENDS, in county ISSUES affairs. AND(Figure GOOD 2) Trans Nzoia, Uasin Gishu, Vihiga and Wajir Homa Bay, Isiolo, Kilifi, Kirinyaga, Kitui, Kwale, Mandera, Migori, PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Nyamira, Nyandarua,KENYA IN Tana River, Trans Nzoia,DEVOLUTION UasinOF Gishu, Vihiga and Wajir IMPLEMENTATION THE IN PRACTICES 58% ofPRACTICES Kenyans sampled IN THE are notIMPLEMENTATION satisfied with the extent OF DEVOLUTIONof public participation IN KENYA in the Valley Arcade, Gitanga Road 1 10 principles are: Public participation and Access to Information; Integrity, Transparency and Accountability; 6 Baringo, Bomet, Bungoma, Busia, Elgeyo-ValleyMarakwet, Arcade, Kajiado, GitangaKericho, Kiambu, Road Kitui, Laikipia, Machakos, Meru, Road Gitanga Arcade, Valley P.O BOX 41079-00100, Nairobi,Kenya Economic and Social Rights and Development; Equality and Non-Discrimination; Access to Justice and Security; Tax Nairobi, Nakuru, Nandi, Nyandarua, Siaya, TharakaP.O BOX Nithi, 41079-00100,Turkana, West Pokot Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O Justice, Fiscal Prudence and Trade Development; Land Rights and Natural Resources Governance; Other Fundamental 7 County Assembly Forum. (2015, June 15) County Assemblies take up Public Participation Bill in Ernest. County Tel: +254-020 2044545/020 2106709/ 020 2106763 Rights and Freedoms; Devolution of Power; Monitoring and Evaluation Process. These were regrouped further into: Assembly Forum News. Retrieved from www.countyassembliesforum.orgTel: +254-020 2044545/020 2106709/ 020 2106763 10 Mitullah, Winnie,2106763 September020 2015, Kenyans2106709/ register mixed2044545/020 feelings about+254-020 devolution,Tel: Afrobarometer Dispatch XXX, Mobile No: 0733629034, 0722264497 effective public participation; leadership and integrity; devolution and equity; access to justice and effective service 8 Embu, Kirinyaga, Kisii, Kwale, Lamu, Mombasa,Mobile Muranga, No: Makueni, 0733629034, Narok, Nyeri, 0722264497 and Samburu September 2, 2015 0722264497 0733629034, No: Mobile 99 11 Fax: +254-020 -3874997 delivery County Assembly Forum. (2015, June 15) OpFax: Cit +254-020 -3874997 Data was collected in December 2014. -3874997 +254-020 Fax: Email: [email protected] 6 Email: [email protected] 8 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 7 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 8

policy framework, legislated and provided in governance mechanisms, the realization of

Figure 1: Framework for Public Participation operation of county governments. Only 26 % of Kenyans are satisfied with participation. prioritization of civic education by county governments and more engagement with CSOs This calls for increasing citizen’s contacts with county leadership. In the Afrobarometer and government institutions is needed.17 Public Par)cipa)on study, between 2013 and 2014, only 4 per cent of the population had contact with Communication and Access to Information 150 leadership several times, while another 9 per cent had contact once or twice a year. 100% The Constitution provides citizens the right to timely access information held by the state 100 63.8% 57.4% Majority (73%) of the population had no contact but would do if they had a chance. 31.9% 42.6% 18 50 and other entities, and requires it to be published and publicized. Majority of counties 0% 0 % of COun)es have not put in place policies, legislation and frameworks for communication or accessing Policy Laws Rules information. Only Five counties19 have developed such policy and 4 counties20 enacted %Coun=es with %Coun=es without Civic Education 21 legislation. Counties have nevertheless made a significant amount of information public County governments are mandated to build capacity of the people (through civic Abridged Version Version Abridged andAbridged have provided Version opportunities and platforms for feedback. The most commonly used platforms for citizen participation are: public hearings and education) to engage in local governance.12 Civic education is meant to produce an budget preparation or validation forums, which are in every county; public planning; ICT informed citizenry that actively participates in governance.13 As figure 3 shows, civic Majority of counties have established an ICT Department (in charge of communication); Platforms, mainly, interactive websites, Twitter feeds, Facebook pages and ICT education frameworks are at various stages of development with most counties having not used available media to communicate with the public—print, radio and television departments); development projects sites; visitation forums; public watchdog groups; developed a policy or law for civic education. Only 5 counties (11%) have developed appearances and call-ins; notice boards; announcements in markets, churches, mosques, focus groupDEVOLVED discussions (FGDs); citizen’s advisory GOVERNANCE boards and county open days. policy on civic education,14 while 9 counties (19%)GOVERNANCE have developed legislation.15 DEVOLVED schools,DEVOLVED county offices and other buildings; and, GOVERNANCE county websites. This notwithstanding, there are numerous accusations from the civil society and key Constitutional FigureTHROUGH 2: Participation in County Affairs A HUMAN HUMAN Figure A 3: Framework for Civic EducationTHROUGH THROUGH A HUMAN Commissions that counties are either deliberately keeping information secret or not disclosing important information to the public. easy / very easy difficult / very difficultRIGHTS Don't know LENS LENS Civic RIGHTS Educa)on RIGHTS LENS 89.4% 100.0 80.9% While counties have had relatively great successes in making information available, 100% 11% 11% 11% 80.0 80% 59.6% 53.2% 60.0 40.4% 46.8% citizens’ access to it has been limited. The commonly used mechanisms for 60% 40.0 19.1% 80% 81% 78% 10.6% communication—County websites and newspapers are not easily accessible to the 40% 20.0 20% 0.0 majority of the people especially in the more rural counties or those in remote areas of Policy Law Rules& Regula=on Systems & 0% Procedures the country. Despite also gaining popularity social media (Facebook and Twitter) are also Participation in county Influence in county Access to information on budgeting and planning decision making county budgets, legislation out of reach of the majority of citizens. Platforms favor the more urban and well-up, Cou=es with % Coun=es without % and project plans leaving the poor, illiterate and rural populations behind.

The absence of a national standards and content on civic education; the failure to Strategies for Inclusion and Integration Despite participation being an important Constitutional principle in Kenya embedded in 16 distinguish civic education from public participation and the failure to prioritize it are 22 policy framework, legislated and provided in governance mechanisms, the realization of The Constitution requires the inclusion of marginalized communities and groups; the responsible for poor progress on civic education in counties. More funding, better participatory governance remains pathetic.10 According to Afrobarometer study11 only recruitment and development of special facilities; budgetary allocation; and development 23 Despite most counties lacking a policy on inclusion 11% of the citizens polled find it easy to participate in county budgeting and planning. of special programs for such groups. OverA COMPARATIVE 78% found it either ANALYSIS difficult or veryON difficultEMERGING to participate TRENDS, in county ISSUES affairs. AND(Figure GOOD 2) GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD 12 CoK, 2010 Schedule 4(2), function number 14; CoK Fourth Schedule. Part X of the County Government Act, 2012. 13 17 58% ofPRACTICES Kenyans sampled IN THE are notIMPLEMENTATION satisfied with the extent OF DEVOLUTIONof public participation IN KENYA in the Section 100 ofKENYA the CountyIN Governments ActDEVOLUTION requiresOF counties to establish civic educationIMPLEMENTATION programsTHE IN and civic educationPRACTICES AfricogPRACTICES (2014), Delivering INon Devolution? THE IMPLEMENTATION Evaluating County Budgets 2013 OF-2014 DEVOLUTION IN KENYA Valley Arcade, Gitanga Road units. Valley Arcade, Gitanga Road 18 Article 35 of the Constitution of Kenya, SectionRoad 87 (a) ofGitanga the County Arcade, Governments Valley Act of 2012 P.O BOX 41079-00100, Nairobi,Kenya 14 Makueni, Meru, Tana River, Vihiga and WestP.O Pokot) BOX 41079-00100, Nairobi,Kenya 19 Kisumu, Laikipia, Marsabit, Mombasa and NandiNairobi,Kenya 41079-00100, BOX P.O 15 They include: Baringo, Bomet, Bungoma, Busia, Isiolo, Kajiado, Kericho, Kirinyaga, Laikipia, Machakos, Meru, 20 Makueni, Taita Taveta, Turkana and Vihiga) Tel: +254-020 2044545/020 2106709/ 020 2106763 10 Mitullah, Winnie, September 2015, Kenyans register mixed feelings about devolution, Afrobarometer Dispatch XXX, Makueni, Nakuru, Nyamira, Taita Taveta, TanaTel: River, +254-020 Tharaka Nithi, 2044545/020 Turkana, Wajir, 2106709/ West Pokot, 020 Trans 2106763 Nzoia and 21 CIC (June, 2014),2106763 Assessment020 of the Implementation2106709/ of the2044545/020 System of Devolved+254-020 Tel: Government: From Steps to Strides Mobile No: 0733629034, 0722264497 September 2, 2015 Vihiga. Mobile No: 0733629034, 0722264497 22 Article 177(1) (c): nominations to county 0722264497 assembli es to include0733629034, membersNo: of marginalizedMobile groups and PWDs 11 16 23 Fax: +254-020 -3874997 Data was collected in December 2014. CIC (June, 2014), Assessment of the ImplementationFax: +254-020 of the System -3874997 of Devolved Government: From Steps to Strides CoK 2010. Article 179: Appointments of CECs should be-3874997 subject to regional,+254-020 ethnicFax: and gender balances Email: [email protected] 8 Email: [email protected] 10 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 9 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 10

prioritization of civic education by county governments and more engagement with CSOs and integration (89%),24 all counties have recruited at least minority, marginalized woman is increasing and the vice is being replicated at the counties. From Figure 5: over 95% and and government institutions is needed.17 and/or PWDs. Further, 53% have provided facilities for PWDs25 while 36% have provided 81% of MCAs and Governors,28 respectively, have been accused of corruption and other a budgetary allocation for inclusion and integration. 26 (Figure 3) ills, as have been 61% of CECs. 61% and 58% of Kenyans believe that Governors/officials Communication and Access to Information in their offices and MCAs are corrupt, respectively.29 This is despite the signing of The Constitution provides citizens the right to timely access information held by the state Figure 4: Strategies for Inclusion and Integration performance contracts (PCs) by 30 CECs.30 No county has publicized PCs, meaning the and other entities, and requires it to be published and publicized.18 Majority of counties Inclusion and Integra)on public cannot hold them to account. have not put in place policies, legislation and frameworks for communication or accessing information. Only Five counties19 have developed such policy and 4 counties20 enacted 120.0 Figure 5: Persons with Questionable Character (QC) 100.0 legislation.21 Counties have nevertheless made a significant amount of information public 100.0 89.4 andAbridged have provided Version opportunities and platforms for feedback. 80.0 Version Abridged Abridged120.0 Version% of persons with/without ques)onable character 97.9% 97.9% 95.7% 100.% 60.0 53.2 100.0 Majority of counties have established an ICT Department (in charge of communication); 46.8 80.9% 36.2 38.3 40.0 80.0 used available media to communicate with the public—print, radio and television 25.5 61.7% 60.0 10.6 20.0 38.3% appearances and call-ins; notice boards; announcements in markets, churches, mosques, % of Coun)es with/without 0.0 0.0 0.0 0.0 40.0 DEVOLVED GOVERNANCE 0.0 GOVERNANCE DEVOLVED % fof Coun)es DEVOLVED GOVERNANCE schools, county offices and other buildings; and, county websites. This notwithstanding, 14.9% Recruitment Facili=es for Budget PwDs Alloca=on Policy 20.0 4.3% there are numerous accusations from the civil society and key Constitutional 2.1% 2.1% 0.% THROUGH A HUMAN HUMAN County A with% County without % Not Indicated THROUGH 0.0 THROUGH A HUMAN Commissions that counties are either deliberately keeping information secret or not Governor (s) D/Governor Speaker MCA(s) CPS CECs (s) disclosing important information to the public. RIGHTS LENS LENS RIGHTS RIGHTS LENS While counties have had relatively great successes in making information available, THEME 2: Leadership and Integrity % of Persons with QC % of Persons without QC citizens’ access to it has been limited. The commonly used mechanisms for Introduction communication—County websites and newspapers are not easily accessible to the Leadership and integrity are two important national values and cure for poor governance majority of the people especially in the more rural counties or those in remote areas of that Chapter six of the Constitution and the Leadership and Integrity Act, 2012 deal the country. Despite also gaining popularity social media (Facebook and Twitter) are also exclusively. The Act seeks to ensure that public officers discharge their responsibilities out of reach of the majority of citizens. Platforms favor the more urban and well-up, with integrity and sets a high threshold for all. Financial Management and Accountability leaving the poor, illiterate and rural populations behind. Chapter 12 of the Constitution of Kenya 2010 outlines the principles of public finances Leadership and Integrity Strategies for Inclusion and Integration emphasizing on openness, accountability, participation, prudence and equity. Public Although the use of public office for private gain was rampant and corruption had become The Constitution requires the inclusion of marginalized communities and groups;22 the Financial Management Act (PFMA) of 2012 outlines the management of county public institutionalized in pre 2010 Kenya,27 findings from the study shows that little seems to recruitment and development of special facilities; budgetary allocation; and development finances; establishes a County Treasury31 and specifies its responsibilities32 and powers;33 have changed with the introduction of the County Governments. Corruption for example, of special programs for such groups.23 Despite most counties lacking a policy on inclusion 28 These include: Alfred Mutua of Machakos; Cyprian Awiti of Homa Bay; Josephat Nanok of Turkana; Hassan Joho of 24 Only 6 counties have. They include Bungoma, Embu, Kiambu, Kisumu, Machakos and Makueni Mombasa; Amason Kingi of Kilifi; Godana Doyo of Isiolo; Nathif Jama of Garissa; Ukur Yatani of Marsabit; Ahmed A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD 25 GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD The 27 that have include: Baringo, Bomet, Bungoma. Busia, Elgeyo Marakwet, Garissa, Isiolo, Kajiado, Kericho, Abdullahi Mohamad of Wajir; Evans Kidero of Nairobi; Isaac Ruto of Bomet; Samuel Tunai of Narok; Okoth Obado of 17 AfricogPRACTICES (2014), Delivering INon Devolution? THE IMPLEMENTATION Evaluating County Budgets 2013 OF-2014 DEVOLUTION IN KENYA Kiambu, Kirinyaga,KENYA IN Kisii, Kisumu, Laikipia,DEVOLUTION Lamu,OF Meru, Migori, Murang’a,IMPLEMENTATION Nairobi,THE Nakuru,IN Nandi, Narok,PRACTICES Migori; PRACTICESJack Ranguma of Kisumu IN THECounty IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road 18 Article 35 of the Constitution of Kenya, Section 87 (a) of the County Governments Act of 2012 Nyandarua, Nyeri, Taita Taveta, Uasin Gishu anValleyd West Pokot.Arcade, Gitanga Road 29 Afrobarometer studies, Round 6 Road Gitanga Arcade, Valley 26 P.O BOX 41079-00100, Nairobi,Kenya 19 Kisumu, Laikipia, Marsabit, Mombasa and Nandi These ten include Elgeyo Marakwet, Garissa,P.O Homa BOX Bay, 41079-00100, Kilifi, Meru, Nandi, Nairobi,Kenya Narok, Nyamira, Tana River, Tharaka- 30 Counties yet to implement performance contractingNairobi,Kenya are: Garissa,41079-00100, Isiolo,BOX Kakamega,P.O Kericho, Kiambu, Kisii, Kisumu, 20 Makueni, Taita Taveta, Turkana and Vihiga) Nithi, Turkana and Wajir. A further 18 have not indicated how much they have set aside. They include: Kajiado, Laikipia, Lamu, Machakos, Marsabit, Nandi, Nyandarua, Siaya, Tharaka Nithi and Turkana. Tel: +254-020 2044545/020 2106709/ 020 2106763 21 CIC (June, 2014), Assessment of the Implementation of the System of Devolved Government: From Steps to Strides Kirinyaga, Kisii, Kisumu, Kitui, Kwale, Mandera,Tel: +254-020Marsabit, Migori, 2044545/020 Mombasa, Murang’a, 2106709/ Nakuru, 020 Nyeri, 2106763 Samburu, 31 Public Financial Management2106763 020 Act, section.2106709/ 103 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 22 Article 177(1) (c): nominations to county assemblies to include members of marginalized groups and PWDs Siaya, Taita Taveta, Trans-Nzoia, and Uasin Gishu.Mobile No: 0733629034, 0722264497 32 Ibid Section 104 0722264497 0733629034, No: Mobile 23 27 33 Fax: +254-020 -3874997 CoK 2010. Article 179: Appointments of CECs should be subject to regional, ethnic and gender balances Mumo Matemu (2013), Entrenching Good GovernanceFax: +254-020 And Integrity -3874997 In Public Office Ibid Section 105 -3874997 +254-020 Fax: Email: [email protected] 10 Email: [email protected] 12 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 11 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 12

is increasing and the vice is being replicated at the counties. From Figure 5: over 95% and mandates expenditure not to exceed total revenues34; and, at least 30% of spending on Forum (43 counties),44 most counties have reported irregularities in their financial 81% of MCAs and Governors,28 respectively, have been accused of corruption and other development.35 The PFM Act also provides for supplementary budgeting36 borrowing for management. The Auditor General’s Report for the FY 2013/2014 shows that ALL ills, as have been 61% of CECs. 61% and 58% of Kenyans believe that Governors/officials capital spending.37Every County Treasury is required to establish a consultation forum for counties had financial irregularities. The most common are: county governments opening in their offices and MCAs are corrupt, respectively.29 This is despite the signing of the budget process, in the form of the County Budget and Economic Forum (CBEF).38 and operating undisclosed bank accounts, especially for locally collected revenue, under- performance contracts (PCs) by 30 CECs.30 No county has publicized PCs, meaning the banking of the monies collected, illegal payments of allowances and general disregard of As Figure 6 below shows: most counties have put in place a County Financial Management public cannot hold them to account. financial prudence. Action needs to be taken by implementing the Auditor General’s system; 91% have CBEF; 68% have a procurement policy as mandated by law before they Report. Figure 5: Persons with Questionable Character (QC) do county purchases;39 95% have developed procurement plans on a regular basis; 40 and, 93% have an asset registry.41 According to the Auditor General these registers need to be

42 THEME 3: Devolution and Equity Abridged120.0 Version% of persons with/without ques)onable character kept current. Version Abridged Abridged Version 97.9% 97.9% 95.7% 100.% Introduction 100.0 80.9% Figure 6: Financial Management 80.0 The Constitution of Kenya (2010) assigns specific planning functions to the national and 61.7% 60.0 county governments. Article 220 of the Constitution provides for mandatory planning 38.3% 40.0 before budgeting. After 4th March 2013, each county government was immediately % fof Coun)es DEVOLVED GOVERNANCE GOVERNANCE DEVOLVED DEVOLVED GOVERNANCE 14.9% 45 20.0 Financial Management required to generate its first 5 year County Integrated Development Plans (CIDPs). It 2.1% 2.1% 4.3% 0.% 120.0 100.% 100.% is in these CIDPs that counties outline their development priorities for the next five years. 0.0 THROUGH A HUMAN 95.7% HUMAN 93.6% A 91.5% THROUGH THROUGH A HUMAN Governor (s) D/Governor Speaker MCA(s) CPS CECs 100.0 (s) 80.0 68.1% Counties have listed their development priorities with the most common being 60.0 RIGHTS LENS LENS 31.9% RIGHTS agriculture, infrastructure and health. Figure 6 belowRIGHTS is a summary of the first 3LENS identified 40.0

% of coun)es 8.5% 20.0 4.3% 6.4% 0. % 0.% county development priorities and the amounts allocated to each of the identified % of Persons with QC % of Persons without QC 0.0 priorities. Amounts are in Kshs/Millions. Procurement Asset Register Policy Law Economic Procurement Plans Consulta=on Policy Forum In the FY 2014/15, the total approved budget estimates for County governments was % of Coun=es with % of Coun=es without Kshs.321.56 billion. Kshs.181.28 billion (56.4%) was allocated for recurrent expenditure

and Kshs.140.29 billion (43.6%) to development expenditure.46 The allocation for

Financial Management and Accountability development activities conforms with Section 107(2) (b) of the Public Finance Financial Management Policy Chapter 12 of the Constitution of Kenya 2010 outlines the principles of public finances Management Act, 2012, which requires that over the medium term, a minimum of 30% of rd emphasizing on openness, accountability, participation, prudence and equity. Public Despite counties establishing Tendering, Public Asset and Disposal Committees (all the County Government’s budget should be allocated to development. By the 3 quarter 43 Financial Management Act (PFMA) of 2012 outlines the management of county public counties); Financial Management policy (32 counties); and, County Budget and Economic of FY 2014/2015, counties had spent a total of Kshs.65.71 billion (35.8%) on development 31 32 33 activities and Kshs.117.93 (64.2%) for recurrent activities. Counties that recorded the finances; establishes a County Treasury and specifies its responsibilities and powers; 34 Ibid Section 107 (2) highest development expenditures rates are Nandi, Meru, and West Pokot at 70.9 %, 64.5%, 35 Ibid 28 These include: Alfred Mutua of Machakos; Cyprian Awiti of Homa Bay; Josephat Nanok of Turkana; Hassan Joho of 36 Ibid Section 135 Mombasa;A COMPARATIVE Amason Kingi of Kilifi; ANALYSIS Godana Doyo ON of Isiolo; EMERGING Nathif Jama of TRENDS,Garissa; Ukur Yatani ISSUES of Marsabit; AND Ahmed GOOD 37 Ibid SectionGOOD 58 AND and sections 140ISSUES -142 TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD Abdullahi Mohamad of Wajir; Evans Kidero of Nairobi; Isaac Ruto of Bomet; Samuel Tunai of Narok; Okoth Obado of 38 Ibid Section 137 Migori; PRACTICESJack Ranguma of Kisumu IN THECounty IMPLEMENTATION OF DEVOLUTION IN KENYA 39 Report of theKENYA AuditorIN -General on the FinancialDEVOLUTION OF Operations of the County AssemblyIMPLEMENTATION of MombasaTHE IN 1 July 2013 To PRACTICES 30 PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA 44 Valley Arcade, Gitanga Road 29 Afrobarometer studies, Round 6 June 2014 Valley Arcade, Gitanga Road Embu, Isiolo, Kilifi and Kirinyaga, are theRoad only countiesGitanga which areArcade, yet to Valley establish the County Economic Consultation 30 Counties yet to implement performance contracting are: Garissa, Isiolo, Kakamega, Kericho, Kiambu, Kisii, Kisumu, 40 Only Busia and Embu do not have. Forum. P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya 45 Nairobi,Kenya 41079-00100, BOX P.O Laikipia, Lamu, Machakos, Marsabit, Nandi, Nyandarua, Siaya, Tharaka Nithi and Turkana. 41 These are: Embu, Garissa and Marsabit. IEA (June, 2014), First County Integrated Development Planning: Experiences and Lessons from Laikipia, Nandi, Tel: +254-020 2044545/020 2106709/ 020 2106763 31 Public Financial Management Act, section. 103 42 The Auditor General’s Report has consistentlyTel: raised +254-020 concern that 2044545/020 these asset registers 2106709/ are not up to 020 date. 2106763 Uasin Gishu, and Meru2106763 Counties.020 Issue No.182106709/ 2044545/020 +254-020 Tel: 46 Mobile No: 0733629034, 0722264497 32 Ibid Section 104 43 These are, Kiambu, Kirinyaga, Kisii, Kwale,Mobile Laikipia, No:Machakos, 0733629034, Marsabit, Meru, 0722264497 Mombasa, Murang’a, Narok, Nyandarua, Office of the Controller of Budget (2015),0722264497 County Governments0733629034, No: BudgetMobile Implementation Review Report 33 Fax: +254-020 -3874997 Ibid Section 105 Siaya, Taita Taveta, and Vihiga. Fax: +254-020 -3874997 Third Quarter FY 2014/2015 -3874997 +254-020 Fax: Email: [email protected] 12 Email: [email protected] 14 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 13 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 14

and Kshs.140.29 billion (43.6%) to development expenditure.46 The allocation for

Forum (43 counties),44 most counties have reported irregularities in their financial and 62.2% respectively. Kirinyaga, Tharaka Nithi and Nairobi recorded the lowest rates at In each financial year, counties are mandated to set targets for revenue collection. management. The Auditor General’s Report for the FY 2013/2014 shows that ALL 17.2%, 14.4%, and 9.4% respectively. However, no county seems to be meeting its revenue collection targets. This can be counties had financial irregularities. The most common are: county governments opening attributed to the lack of a clear revenue collection framework. Taxation and single Figure 7: Development Priorities per County and operating undisclosed bank accounts, especially for locally collected revenue, under- business permits constitute the core sources of revenue across counties. Others include, banking of the monies collected, illegal payments of allowances and general disregard of cess, license fees and land rates. Most counties still depend on the national government Development Priori)es Per County financial prudence. Action needs to be taken by implementing the Auditor General’s for resources. In total, for the FY 13/14 county governments had budgeted for Sh261.1 31.9% 35.0 31.9% Report. billion, of which Sh100.4 billion was intended for development. However, the national 30.0 27.7% 27.7% 25.0 government availed Sh193.4 billion. 19.1% Priority 1 THEME 3: Devolution and Equity 20.0 Abridged Version 14.9% 14.9% Version Priority 2 Abridged AccordingAbridged to Annual Version County Budget Implementation Review Reports for the FY 2014/15 15.0 12.8% Introduction rd 10.0 8.5% 8.5% Priority 3 counties had targeted to net Sh. 57.2 billion from local revenue sources. By the 3 quarter 6.4% The Constitution of Kenya (2010) assigns specific planning functions to the national and 5.0 of the FY 2014/2015 County governments had generated a total of Kshs. 25.17 billion

% of coun)es priority area 0% county governments. Article 220 of the Constitution provides for mandatory planning 0.0 from local sources, which translated to 44.0 % of the total annual local revenue Agriculture Health Infrastructure Educa=on before DEVOLVEDbudgeting. After 4th March 2013, each GOVERNANCE county government was immediately GOVERNANCE DEVOLVED target. DEVOLVEDNairobi County generated the highest localGOVERNANCE revenue in absolute terms at Kshs. 10 required to generate its first 5 year County Integrated Development Plans (CIDPs).45 It billion during the period, followed by Mombasa and Nakuru that raised Kshs. 1.80 billion is in these CIDPs that countiesTHROUGH outline their development priorities A for theHUMAN next five years. HUMAN A THROUGH and Kshs. 1.59 billion, respectively.THROUGH Counties that raised the Alowest HUMANamount of local Framework for Revenue Collection Counties have listed their development priorities with the most common being revenue were Lamu and Tana River at Kshs. 42.93 million, and, Kshs. 20.06 million agriculture, infrastructure and health. Figure 6 belowRIGHTS is a summary of the first 3LENS identified All counties haveLENS laws and policies on revenueRIGHTS collection, mainly contained in the yearly respectively.47 RIGHTS LENS county development priorities and the amounts allocated to each of the identified County Fiscal Strategy Papers. Currently, 78.7% of counties have developed their Fiscal Marsabit County attained the highest proportion of local revenue against its annual priorities. Amounts are in Kshs/Millions. Papers for the year 2015. For the remaining 21.3%, the study could not establish whether fiscal strategy papers had been developed or not. revenue target at 145.4% followed by Elgeyo Marakwet and West Pokot Counties at In the FY 2014/15, the total approved budget estimates for County governments was 89.5% and 81.4%, respectively. Counties that recorded the lowest proportion were Vihiga Kshs.321.56 billion. Kshs.181.28 billion (56.4%) was allocated for recurrent expenditure Figure 8: Framework for Revenue Collection at 20.6%, Turkana 19.9% and Tana River County at 16.7%.48According to the Report, 43 and Kshs.140.29 billion (43.6%) to development expenditure.46 The allocation for counties did not meet their revenue targets. Although Nairobi County collected the development activities conforms with Section 107(2) (b) of the Public Finance Framework for Revenue Collec)on highest revenue, the county did not meet its revenue target. Only four counties exceeded Management Act, 2012, which requires that over the medium term, a minimum of 30% of 100 49 78.7% 78.7% their annual revenue targets. Bungoma County raised the lowest revenue in relation to the County Government’s budget should be allocated to development. By the 3rd quarter 80 its target at Sh2.76 billion. of FY 2014/2015, counties had spent a total of Kshs.65.71 billion (35.8%) on development 60 40 Trade and Development activities and Kshs.117.93 (64.2%) for recurrent activities. Counties that recorded the 21.3% 21.3% % of Coun)es 20 County leaders have a responsibility to facilitate trade and investment by championing an highest development expenditures rates are Nandi, Meru, and West Pokot at 70.9 %, 64.5%, 0% 0% 0 enabling environment for domestic and international investment in their counties. All % of Coun=es with % of Coun=es without % of Missing Coun=es A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A countiesA COMPARATIVE have policies forANALYSIS trade and ONdevelopment EMERGING and frameworkTRENDS, for ISSUES taxation AND through GOOD PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF Policy Law IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road 44 Embu, Isiolo, Kilifi and Kirinyaga, are the only counties which are yet to establish the County Economic Consultation Valley Arcade, Gitanga Road licensing. This is mainly in form of tradeRoad andGitanga investmentArcade, ministriesValley or departments headed

P.O BOX 41079-00100, Nairobi,Kenya Forum. P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O 45 IEA (June, 2014), First County Integrated Development Planning: Experiences and Lessons from Laikipia, Nandi, Tel: +254-020 2044545/020 2106709/ 020 2106763 Uasin Gishu, and Meru Counties. Issue No.18 Tel: +254-020 2044545/020 2106709/ 020 2106763 47 Controller of Budget2106763 County020 Governments2106709/ Budget Implementation2044545/020 Review+254-020 ReportTel: Third Quarter FY 2014/2015 46 Mobile No: 0733629034, 0722264497 Office of the Controller of Budget (2015), County Governments Budget Implementation Review Report Mobile No: 0733629034, 0722264497 48 Ibid 0722264497 0733629034, No: Mobile 49 Fax: +254-020 -3874997 Third Quarter FY 2014/2015 Fax: +254-020 -3874997 West Pokot, Kericho, Marsabit and Tharaka-Nithi counties-3874997 +254-020 Fax: Email: [email protected] 14 Email: [email protected] 16 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 15 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 16

In each financial year, counties are mandated to set targets for revenue collection. by a county executive officer. However, 11 counties are yet to develop legislation.50Most land (whether held by the national or county government) is held in trust for the people. However, no county seems to be meeting its revenue collection targets. This can be counties do not offer reliefs or incentives on taxation in the counties.51 It is not clear County governments are responsible for planning and development of land and natural attributed to the lack of a clear revenue collection framework. Taxation and single however, whether these incentives are extended to both local firms as well as foreign resources. Counties are mandated to survey and map land. These functions necessitated business permits constitute the core sources of revenue across counties. Others include, corporations. the creation of a Land Department or ‘Ministry’ as an implementing arm of the county cess, license fees and land rates. Most counties still depend on the national government government. for resources. In total, for the FY 13/14 county governments had budgeted for Sh261.1 Figure 10: Framework for Land and Resource Management billion, of which Sh100.4 billion was intended for development. However, the national Figure 9: Framework for Trade Development government availed Sh193.4 billion. Framework for Trade and Development Framework for Land Resource Management 100.0 AccordingAbridged to Annual Version County Budget Implementation Review Reports for the FY 2014/15 Version Abridged Abridged Version83.0% 78.7% 90.0 72.3% rd 76.6% 76.6% 80.0 counties had targeted to net Sh. 57.2 billion from local revenue sources. By the 3 quarter 80.0 60.0 of the FY 2014/2015 County governments had generated a total of Kshs. 25.17 billion 70.0 59.6% 40.0 60.0 17% 17% 19.1% 10.6% from local sources, which translated to 44.0 % of the total annual local revenue 20.0 2.1% 50.0 40.4% 0.% target. Nairobi County generated the highest local revenue in absolute terms at Kshs. 10 40.0 34.% 0.0 DEVOLVED GOVERNANCE GOVERNANCE DEVOLVED DEVOLVEDPolicy Legislation GOVERNANCE Structure (CLMB) 30.0 23.4% 25.5% 23.4% 23.4% billion during the period, followed by Mombasa and Nakuru that raised Kshs. 1.80 billion 17.% 20.0 % of Counties with % of Counties without % of Missing Counties and Kshs. 1.59 billion, respectively.THROUGH Counties that raised the Alowest HUMANamount of local HUMAN A THROUGH THROUGH A HUMAN 10.0 0.% 0.% revenue were Lamu and Tana River at Kshs. 42.93 million, and, Kshs. 20.06 million 0.0 Policy Law Licensing Reliefs/Incen=ves All the counties have established a County Ministry in Charge of Land, led by a county respectively.47 RIGHTS LENS LENS RIGHTS RIGHTS LENS executive committee member. These ministries are the custodians for County land and % of Coun=es with % of Coun=es without % of Missing Coun=es Marsabit County attained the highest proportion of local revenue against its annual resource management policies.55 However, most counties are yet to develop legislation on revenue target at 145.4% followed by Elgeyo Marakwet and West Pokot Counties at land and natural resource management. It is only Kilifi, Laikipia, Meru, Nyamira and Uasin County Taxation Policies 89.5% and 81.4%, respectively. Counties that recorded the lowest proportion were Vihiga Gishu counties that have developed legislation on land and natural resource management. Article 209 of the Constitution allows counties to impose property rates; entertainment at 20.6%, Turkana 19.9% and Tana River County at 16.7%.48According to the Report, 43 taxes; and any other tax that it is authorized to impose by an Act of Parliament. Eager for Environment and Shared Resource Management counties did not meet their revenue targets. Although Nairobi County collected the more revenue, county governments have imposed or proposed new taxes. However, Most counties have a County Land Management Board (CLMB) in accordance with the highest revenue, the county did not meet its revenue target. Only four counties exceeded according to a Senate Report, most of the new taxes being imposed or proposed by National Land Commission.56 While others are in the process of developing these. Only their annual revenue targets.49 Bungoma County raised the lowest revenue in relation to county governments are unfair or even illegal.52 10 counties do not have them.57 Another 16 counties have structures for the management its target at Sh2.76 billion. of shared resources,58 while 10 do not have any law, policy or structure.59 Land, Environment and Resource Management Trade and Development All land in Kenya belongs to the people of Kenya collectively as a nation, as communities Most counties have adopted the national framework in the management of the County leaders have a responsibility to facilitate trade and investment by championing an and as individuals53 and hence it is to be held, used and managed in a manner that is environment. However, Kakamega County has gone further and developed a County enabling environment for domestic and international investment in their counties. All equitable, efficient, productive and sustainable.54 Further Article 62 states that all public State of Environment Report to inform policy and planning and therefore contribute to countiesA COMPARATIVE have policies forANALYSIS trade and ONdevelopment EMERGING and frameworkTRENDS, for ISSUES taxation AND through GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA 50 Valley Arcade, Gitanga Road licensing. This is mainly in form of trade and investment ministries or departments headed Bomet, Bungoma, Elgeyo/Marakwet , Kajiado,Valley Migori, Arcade, Nandi, Nakuru, Gitanga Narok, Road Tharaka-Nithi, Vihiga, and Wajir 55 Fourth Schedule of the Constitution of KenyaRoad (2010)Gitanga Arcade, Valley 51 P.O BOX 41079-00100, Nairobi,Kenya Among the counties offering tax reliefs andP.O incentives BOX 41079-00100, are Kakamega, Kericho, Nairobi,Kenya Kisumu, Murang’a, Nairobi and 56The National Land Commission Act No. 5 of Nairobi,Kenya 2012 41079-00100, BOX P.O Samburu. 57They include Baringo, Bungoma, Elgeyo Marakwet, Migori, Nandi, Tharaka Nithi, Vihiga and Wajir counties. 47 52 Tel: +254-020 2044545/020 2106709/ 020 2106763 Controller of Budget County Governments Budget Implementation Review Report Third Quarter FY 2014/2015 Report by the Senate’s Committee on Finance,Tel: Commerce +254-020 and Economic 2044545/020 Affairs and 2106709/the National Treasury 020 2106763 58 Baringo, Embu, 2106763 Kajiado, 020 Kakamega,2106709/ Kilifi, Kwale, Laikipia,2044545/020 Makueni,+254-020 Marsabit,Tel: Meru, Narok, Nyandarua, Nyeri, 48 53 Mobile No: 0733629034, 0722264497 Ibid Article 61 (1) of the CoK (2010) Mobile No: 0733629034, 0722264497 Trans Nzoia and Turkana 0722264497 0733629034, No: Mobile 49 54 59 Fax: +254-020 -3874997 West Pokot, Kericho, Marsabit and Tharaka-Nithi counties Article 60 of the CoK (2010) Fax: +254-020 -3874997 Bomet, Bungoma, Elgeyo Marakwet, Migori, Nandi, Tharaka-3874997 Nithi, Vihiga+254-020 andFax: Wajir Email: [email protected] 16 Email: [email protected] 18 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 17 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 18

land (whether held by the national or county government) is held in trust for the people. the environmental sustainability. Of the 47 counties, only Busia and Lamu are yet to THEME 4: Access to Justice and Security County governments are responsible for planning and development of land and natural develop an environmental policy. However, this is yet to translate into legislation as only Introduction resources. Counties are mandated to survey and map land. These functions necessitated 60 23% (11) out of the 47 counties have legislation on environmental management. Access to justice is the ability of people to seek and obtain a remedy through formal or the creation of a Land Department or ‘Ministry’ as an implementing arm of the county Figure 11: Environment and Shared Resources informal institutions of justice for grievances in compliance with human rights standards. government. Article 48 of the Constitution of Kenya (2010) is fairly succinct in what it provides. It Environment and Shared Resources Figure 10: Framework for Land and Resource Management states that State shall ensure access to justice for all persons and, if any fee is required, it S/ Resources 19.1% 46.8% shall be reasonable and shall not impede access to justice. Article 29 guarantees freedom Structure 34.% Framework for Land Resource Management 19.1% and security of every person. Most justice and security apparatus fall within the national S/Resources Law 78.7% 100.0 government and therefore this analysis is limited to the extent to which justice and Abridged Version83.0% 78.7% 2.1% Version Abridged Abridged Version 72.3% 80.0 17.% security principles are enjoyed by people in counties. 60.0 S/Resources Policy 21.3% 40.0 61.7% The most common incidents of insecurity in in Kenya are violent robberies, gender based 17% 17% 19.1% 10.6% 20.0 2.1% 17.% 0.% E/Mechanism 17% violence and ethnic violence. The common root causes of insecurity have been, economic 0.0 66% DEVOLVEDPolicy Legislation GOVERNANCE Structure (CLMB) GOVERNANCE DEVOLVED deprivation,DEVOLVED unemployment, and corruption especially GOVERNANCE laxity on the part of security agents. 12.8% % of Counties with % of Counties without % of Missing Counties E/Law 63.8% To prevent inter-community violence, provide an early warning system and act as an THROUGH A HUMAN HUMAN A 23.4% THROUGH intervention mechanism, THROUGHthe national government has been Aforced HUMAN to reintroduce 17% All the counties have established a County Ministry in Charge of Land, led by a county E/Policy 4.3% community policing. County Commanders are required to form local community policing RIGHTS LENS LENS RIGHTS 78.7% RIGHTS LENS executive committee member. These ministries are the custodians for County land and teams in each county. In line with this, most counties have established ‘Nyumba Kumi 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 90.0 resource management policies.55 However, most counties are yet to develop legislation on initiatives’ and community policing committees to reduce incidents of crime. Of all the 47 counties, only Kitui, Mandera and Meru are yet to have a county policing committee. land and natural resource management. It is only Kilifi, Laikipia, Meru, Nyamira and Uasin % of Coun=es missing % of Coun=es without % of Coun=es with Gishu counties that have developed legislation on land and natural resource management. Nyumba Kumi programs are present in all the 47 counties. Courts are the most common mechanism for seeking justice. Local elders, Court User Committees and religious leaders Environment and Shared Resource Management To promote collaboration, counties are supposed to come up with effective frameworks are also an avenue for redress. to manage shared resources so as to avoid disputes or even conflict between counties. Most counties have a County Land Management Board (CLMB) in accordance with the Although most counties have a policy on the management of shared resource, this has not Figure 12: Mechanisms for Seeking Justice National Land Commission.56 While others are in the process of developing these. Only translated to either legislation on shared resources or setting up of structures for the 10 counties do not have them.57 Another 16 counties have structures for the management management of such resources. Of the 47 counties, only Narok has legislation on the Mechanism for Seeking Justice of shared resources,58 while 10 do not have any law, policy or structure.59 management of shared resource. 150.0 100.% Most counties have adopted the national framework in the management of the 89.4% 100.0 87.2% environment. However, Kakamega County has gone further and developed a County 59.6% 40.4% State of Environment Report to inform policy and planning and therefore contribute to 50.0

% of Coun)es 12.8% A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS0.% ON EMERGING TRENDS,4.3% ISSUES AND GOOD PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES0.0 IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road 55 Fourth Schedule of the Constitution of Kenya (2010) Valley Arcade, Gitanga Road Courts Road CUCs Gitanga Arcade, Elders Valley Religious Leaders P.O BOX 41079-00100, Nairobi,Kenya 56The National Land Commission Act No. 5 of 2012 P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O 57They include Baringo, Bungoma, Elgeyo Marakwet, Migori, Nandi, Tharaka Nithi, Vihiga and Wajir counties. % of Coun=es with % of Coun=es without Tel: +254-020 2044545/020 2106709/ 020 2106763 58 Tel: +254-020 2044545/020 2106709/ 020 2106763 2106763 020 2106709/ 2044545/020 +254-020 Tel: Baringo, Embu, Kajiado, Kakamega, Kilifi, Kwale, Laikipia, Makueni, Marsabit, Meru, Narok, Nyandarua, Nyeri, Mobile No: 0733629034, 0722264497 Trans Nzoia and Turkana Mobile No: 0733629034, 0722264497 0722264497 0733629034, No: Mobile 59 60 Fax: +254-020 -3874997 Bomet, Bungoma, Elgeyo Marakwet, Migori, Nandi, Tharaka Nithi, Vihiga and Wajir These are, Baringo, Kajiado, Kakamega, Kilifi,Fax: Kitui, +254-020 Machakos, Meru, -3874997 Mombasa, Nairobi, Nakuru and Narok. -3874997 +254-020 Fax: Email: [email protected] 18 Email: [email protected] 20 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 19 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 20

THEME 4: Access to Justice and Security Table 1: Summary of Training already done for Counties at the KSG Introduction Capacity Building Counties Training/Induction done THEME 5: Effective Service Delivery Access to justice is the ability of people to seek and obtain a remedy through formal or for… Introduction informal institutions of justice for grievances in compliance with human rights standards. CECs Kwale, Taita Taveta, Mandera, Marsabit, Isiolo, Meru, Isiolo, Article 48 of the Constitution of Kenya (2010) is fairly succinct in what it provides. It There needs to build capacity in terms of skills and personnel for effective service Tharaka Nithi, Murang’a, Kiambu, Turkana, Samburu, states that State shall ensure access to justice for all persons and, if any fee is required, it delivery. Section 121 of the County Governments Act (2012) provides for the National Kajiado, Kericho, Elgeyo Marakwet, Kirinyaga shall be reasonable and shall not impede access to justice. Article 29 guarantees freedom Government ministry or department responsible for matters relating to CPS Board Kwale, Kilifi, Tana River, Taita Taveta, Garissa, Mandera, and security of every person. Most justice and security apparatus fall within the national intergovernmental relations to provide support to county governments to enable them to Marsabit, Meru, Tharaka Nithi, Samburu, Kakamega, Vihiga, government and therefore this analysis is limited to the extent to which justice and Abridged Version perform their functions effectively. The Kenya School of Government Act No.Version 9 of 2012 Abridged MCAsAbridged Version Machakos security principles are enjoyed by people in counties. mandates the School to build capacity and provide training, consultancy and research Score-card Nairobi services for the Public Service. A National Capacity Building Framework (NCBF) has been The most common incidents of insecurity in in Kenya are violent robberies, gender based Champions developed to support the capacity building for devolved governance. So what is the violence and ethnic violence. The common root causes of insecurity have been, economic Finance Officers Busia situation in terms of capacity in counties? deprivation,DEVOLVED unemployment, and corruption especially GOVERNANCE laxity on the part of security agents. GOVERNANCE DEVOLVED DEVOLVED GOVERNANCE To prevent inter-community violence, provide an early warning system and act as an In spite of the efforts to address the capacity needs of counties, there still exists training Inter-County Conflict and Collaboration intervention mechanism, THROUGHthe national government has been Aforced HUMAN to reintroduce and skills gaps in theHUMAN public A service. Major challenges have beenTHROUGH experienced in the THROUGH A HUMAN The Constitution prescribes the desirable relationship between the county governments community policing. County Commanders are required to form local community policing management of public finance, information and communication technology, human RIGHTS LENS LENS RIGHTS and national government. These two levels ofRIGHTS governments are distinct andLENS inter- teams in each county. In line with this, most counties have established ‘Nyumba Kumi resource management, procurement, development planning, research and development, as dependent and are expected to conduct their mutual relations on the basis of consultation initiatives’ and community policing committees to reduce incidents of crime. Of all the 47 well as leadership. In some counties inadequate skills and inefficient management and cooperation pursuant to Article 6(2) of the Constitution. The Inter-governmental counties, only Kitui, Mandera and Meru are yet to have a county policing committee. information systems in budgeting and finance have resulted in budget revisions by some Relations Act of 2012 establishes the framework for consultation, cooperation and Nyumba Kumi programs are present in all the 47 counties. Courts are the most common counties and caused delays in implementing projects. This has been reported in 12 dispute resolution between the national and county governments and amongst the county mechanism for seeking justice. Local elders, Court User Committees and religious leaders counties.61 governments. The law requires that governments at either level relate in a harmonious, are also an avenue for redress. Some counties in conjunction with the KSG have had induction sessions to train county collaborative and coordinated manner. Figure 12: Mechanisms for Seeking Justice governments on the required skills. The table below is a summary of counties that have Conflicts have taken place in the counties at three levels: 1). between the national and carried out capacity enhancement exercises for Members of the County Assembly, county governments; 2). between/among county governments, and 3). between county Mechanism for Seeking Justice County Executive Committees or Public Service Board. Training for County Executive government and other agencies. The main causes of the conflicts include disputed shared 150.0 Committees for Laikipia, Homabay, and Narok is being organized. Further, other counties 100.% resources, boundaries and functions. Of the 47 counties, 34 of them have experienced 87.2% 89.4% have carried out training using independent consultants.62 100.0 inter-county conflicts. Among the most prominent of these inter-county conflicts have 59.6% 40.4% 50.0 been: Kisii-Nyamira over Keroka Town; Kericho and Kisumu County over land; Kisumu

A COMPARATIVE% of Coun)es ANALYSIS12.8% ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD 0.% 4.3% and Vihiga County over Maseno border ; Baringo, Turkana and Samburu over pastoral PRACTICES0.0 IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road Courts CUCs Elders Religious Leaders Valley Arcade, Gitanga Road land; Makueni and Machakos overRoad Konza City;Gitanga Nairobi,Arcade, KiambuValley and Murang’a Counties

P.O BOX 41079-00100, Nairobi,Kenya 61 Elgeyo-Marakwet, Homa Bay, Nandi, Machakos,P.O BOX Makueni,41079-00100, Marsabit, Nairobi,Kenya Meru, Mombasa, Muranga, Nairobi, Nairobi,Kenya 41079-00100, BOX P.O % of Coun=es with % of Coun=es without over water (Ndakaini); Mombasa versus Kwale and Taita Taveta over water resources; Tel: +254-020 2044545/020 2106709/ 020 2106763 Nakuru and Nyandarua. Tel: +254-020 2044545/020 2106709/ 020 2106763 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 62 These include: Nyeri County (for its AssemblyMobile members); No: 0733629034, Nyandarua, Wajir 0722264497 and Turkana (for MCAs) and Uasin Gishu versus Elgeyo Marakwet0722264497 over water0733629034, No: resources;Mobile Others include, Garissa, Fax: +254-020 -3874997 Bungoma and Bomet for its Public serviceFax: Board. +254-020 -3874997 -3874997 +254-020 Fax: Email: [email protected] 20 Email: [email protected] 22 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 21 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 22

THEME 4: Access to Justice and Security Table 1: Summary of Training already done for Counties at the KSG Introduction Capacity Building Counties Training/Induction done THEME 5: Effective Service Delivery Access to justice is the ability of people to seek and obtain a remedy through formal or for… Introduction informal institutions of justice for grievances in compliance with human rights standards. CECs Kwale, Taita Taveta, Mandera, Marsabit, Isiolo, Meru, Isiolo, Article 48 of the Constitution of Kenya (2010) is fairly succinct in what it provides. It There needs to build capacity in terms of skills and personnel for effective service Tharaka Nithi, Murang’a, Kiambu, Turkana, Samburu, states that State shall ensure access to justice for all persons and, if any fee is required, it delivery. Section 121 of the County Governments Act (2012) provides for the National Kajiado, Kericho, Elgeyo Marakwet, Kirinyaga shall be reasonable and shall not impede access to justice. Article 29 guarantees freedom Government ministry or department responsible for matters relating to CPS Board Kwale, Kilifi, Tana River, Taita Taveta, Garissa, Mandera, and security of every person. Most justice and security apparatus fall within the national intergovernmental relations to provide support to county governments to enable them to Marsabit, Meru, Tharaka Nithi, Samburu, Kakamega, Vihiga, governmentAbridged and Version therefore this analysis is limited to the extent to which justice and perform their functions effectively. The Kenya School of Government Act No.Version 9 of 2012 Abridged MCAsAbridged Version Machakos security principles are enjoyed by people in counties. mandates the School to build capacity and provide training, consultancy and research Score-card Nairobi services for the Public Service. A National Capacity Building Framework (NCBF) has been The most common incidents of insecurity in in Kenya are violent robberies, gender based Champions developed to support the capacity building for devolved governance. So what is the violence and ethnic violence. The common root causes of insecurity have been, economic Finance Officers Busia situation in terms of capacity in counties? deprivation,DEVOLVED unemployment, and corruption especially GOVERNANCE laxity on the part of security agents. GOVERNANCE DEVOLVED DEVOLVED GOVERNANCE To prevent inter-community violence, provide an early warning system and act as an In spite of the efforts to address the capacity needs of counties, there still exists training Inter-County Conflict and Collaboration intervention mechanism, THROUGHthe national government has been Aforced HUMAN to reintroduce and skills gaps in theHUMAN public A service. Major challenges have beenTHROUGH experienced in the THROUGH A HUMAN The Constitution prescribes the desirable relationship between the county governments community policing. County Commanders are required to form local community policing management of public finance, information and communication technology, human RIGHTS LENS LENS RIGHTS and national government. These two levels ofRIGHTS governments are distinct andLENS inter- teams in each county. In line with this, most counties have established ‘Nyumba Kumi resource management, procurement, development planning, research and development, as dependent and are expected to conduct their mutual relations on the basis of consultation initiatives’ and community policing committees to reduce incidents of crime. Of all the 47 well as leadership. In some counties inadequate skills and inefficient management and cooperation pursuant to Article 6(2) of the Constitution. The Inter-governmental counties, only Kitui, Mandera and Meru are yet to have a county policing committee. information systems in budgeting and finance have resulted in budget revisions by some Relations Act of 2012 establishes the framework for consultation, cooperation and Nyumba Kumi programs are present in all the 47 counties. Courts are the most common counties and caused delays in implementing projects. This has been reported in 12 dispute resolution between the national and county governments and amongst the county mechanism for seeking justice. Local elders, Court User Committees and religious leaders counties.61 governments. The law requires that governments at either level relate in a harmonious, are also an avenue for redress. Some counties in conjunction with the KSG have had induction sessions to train county collaborative and coordinated manner. Figure 12: Mechanisms for Seeking Justice governments on the required skills. The table below is a summary of counties that have Conflicts have taken place in the counties at three levels: 1). between the national and carried out capacity enhancement exercises for Members of the County Assembly, county governments; 2). between/among county governments, and 3). between county Mechanism for Seeking Justice County Executive Committees or Public Service Board. Training for County Executive government and other agencies. The main causes of the conflicts include disputed shared 150.0 Committees for Laikipia, Homabay, and Narok is being organized. Further, other counties 100.% resources, boundaries and functions. Of the 47 counties, 34 of them have experienced 87.2% 89.4% have carried out training using independent consultants.62 100.0 inter-county conflicts. Among the most prominent of these inter-county conflicts have 59.6% 40.4% 50.0 been: Kisii-Nyamira over Keroka Town; Kericho and Kisumu County over land; Kisumu

Table 1: Summary of Training already done for Counties at the KSG Mandera, Wajir Isiolo, Trans Nzoia, Kisumu, Tana River, Lamu; Mandera, Pokot Monitoring and Evaluation Nyahururu, Laikipia, Nandi, Taveta, Kajiado, Bomet, Kwale, and West Pokot. Counties need a number of documents for effective planning for development in the Capacity Building Counties Training/Induction done counties. These are: the CIDP, strategic plan and annual plan. All the counties have for… A number of counties have also been having disputes with the national government. developed county integrated developed plans. However, most counties have not CECs Kwale, Taita Taveta, Mandera, Marsabit, Isiolo, Meru, Isiolo, Among the most prominent have been Bomet, Kericho and Nandi counties over tea developed county strategic plans. Of the 47, only 14 have developed strategic plans,64 Tharaka Nithi, Murang’a, Kiambu, Turkana, Samburu, plantations whose lease is almost expiring.None of the 47 counties have a county level while only 11 have developed county annual plans.65 Kajiado, Kericho, Elgeyo Marakwet, Kirinyaga policy or law dealing with inter-county collaboration. Collaboration within counties CPS Board Kwale, Kilifi, Tana River, Taita Taveta, Garissa, Mandera, operates under the Inter-governmental Relations Act of 2012. However, some counties Checks and Balances (expenditure survey, M&E Directorate, annual performance reports). Marsabit, Meru, Tharaka Nithi, Samburu, Kakamega, Vihiga, have set up collaboration structures among themselves. Of the 47 counties, 11 have set Monitoring and evaluation is important because it informs citizens of a county how much 63 MCAsAbridged Version Machakos up structures for collaboration amongst themselves. Version Abridged hasAbridged been achieved Version in realizing the development goals promised to them each year. There Score-card Nairobi is a nation-wide M&E system online so that Kenyans can track the latest achievements on Structures set up by counties for inter-governmental collaboration include, the Regional Champions public sector projects and programs they pay taxes for. This assists in making evidence- County Forum on Trade and Investment in Western Kenya region to facilitate dialogue Finance Officers Busia based policies, and to respond swiftly to any project implementation difficulties. There between Kisumu, Siaya and Busia on matters of trade and investment, the Border Inter- should be an implementation matrix detailing projects and programs, costing, DEVOLVED GOVERNANCE Counties Forum between Kisumu, Migori,GOVERNANCE Narok and Homa Bay Counties DEVOLVED on DEVOLVED GOVERNANCE implementing agencies as well as monitoring tools and indicators for all projects Inter-County Conflict and Collaboration harmonization of laws, rules and regulations on cross-border trade. The Lake Region undertaken by the county governments. THROUGH A HUMAN Economic bloc is madHUMAN e up of A Bungoma, Busia, Homa Bay, Kakamega,THROUGH Kisii, Kisumu, Migori, THROUGH A HUMAN The Constitution prescribes the desirable relationship between the county governments Nyamira, Siaya and Vihiga. Three other counties, Bomet, Trans Nzoia and Kericho have and national government. These two levels ofRIGHTS governments are distinct andLENS inter- LENS RIGHTS Figure 13: Monitoring RIGHTSand Evaluation LENS agreed to be part of the regional blueprint making a total of thirteen. The blueprint is dependent and are expected to conduct their mutual relations on the basis of consultation expected to enable individual counties that are sometimes too small to leverage and cooperation pursuant to Article 6(2) of the Constitution. The Inter-governmental Monitoring and Evaluation economies of scale, to jointly implement large projects. Coast Counties namely Kilifi, Tana Relations Act of 2012 establishes the framework for consultation, cooperation and 80.0 72.3% River, Taita Taveta, Lamu and Mombasa have also formed an economic bloc to deal with 70.0 60.0 51.1% 53.2% dispute resolution between the national and county governments and amongst the county 44.7% 50.0 40.4% challenges including education and tourism. 31.9% governments. The law requires that governments at either level relate in a harmonious, 40.0 29.8% 25.5% 25.5% 27.7% 27.7% 30.0 23.4% 23.4% 19.1% collaborative and coordinated manner. 20.0

% of Counties 10.0 2.1% 0.0 Conflicts have taken place in the counties at three levels: 1). between the national and Strategic Plan Annual Plan Expenditure Survey M&E Mechanism Annual county governments; 2). between/among county governments, and 3). between county performance Reports government and other agencies. The main causes of the conflicts include disputed shared % of Counties with % of Counties without % of Missing Counties resources, boundaries and functions. Of the 47 counties, 34 of them have experienced inter-county conflicts. Among the most prominent of these inter-county conflicts have been: Kisii-Nyamira over Keroka Town; Kericho and Kisumu County over land; Kisumu A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD and Vihiga County over Maseno border ; Baringo, Turkana and Samburu over pastoral PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road land; Makueni and Machakos over Konza City; Nairobi, Kiambu and Murang’a Counties Valley Arcade, Gitanga Road Road Gitanga Arcade, Valley P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O over water (Ndakaini); Mombasa versus Kwale and Taita Taveta over water resources; 64 These are Baringo, Garissa, Homa Bay, Kericho, Kiambu, Laikipia, Meru, Mombasa, Nairobi, Narok, Nyamira, Tel: +254-020 2044545/020 2106709/ 020 2106763 63 These are: Bungoma, Busia, Homa Bay, Kakamega,Tel: +254-020 Kisii, Kisumu, 2044545/020 Migori, Mombasa, 2106709/ Nyamira, 020Siaya, 2106763 Trans Nzoia Nyandarua 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 Uasin Gishu versus Elgeyo Marakwet over water resources; Others include, Garissa, and Vihiga counties. These are: Bungoma, Busia,Mobile Homa No: Bay, 0733629034,Kakamega, Kisii, 0722264497Kisumu, Migori, Mombasa, Nyamira, 65 They are Baringo, Kilifi, Kirinyaga, Kitui,0722264497 Laikipia, Marsabit,0733629034, Mombasa,No: Nairobi,Mobile Nyandarua, Samburu and West Fax: +254-020 -3874997 Siaya, Trans Nzoia and Vihiga counties. Fax: +254-020 -3874997 Pokot. -3874997 +254-020 Fax: Email: [email protected] 22 Email: [email protected] 24 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 23 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 24

Monitoring and Evaluation To this end counties should put in place an M& E mechanism. Of the 47 counties, only 19 CONCLUSION 66 Counties need a number of documents for effective planning for development in the have set up an M&E mechanism. On conducting expenditure surveys, none of the A number of conclusions can be drawn from the foregoing. First, County Governments counties. These are: the CIDP, strategic plan and annual plan. All the counties have counties has conducted an expenditure survey since 2013. Most counties also haven’t have involved the people in many “public” forums; have made information about county 67 developed county integrated developed plans. However, most counties have not prepared their annual performance reports: only 9 have these Reports. governments available and have utilized websites, the print and social media to make developed county strategic plans. Of the 47, only 14 have developed strategic plans,64 information available to the people. Nevertheless, communication and access to while only 11 have developed county annual plans.65 information is still problematic. Second, most counties do not have the relevant policies even where they have legislation in place, meaning that the majority of legislation made is Checks and Balances (expenditure survey, M&E Directorate, annual performance reports). not anchored on any policy. Monitoring and evaluation is important because it informs citizens of a county how much hasAbridged been achieved Version in realizing the development goals promised to them each year. There Version Abridged Third,Abridged counties Version have made good progress in inclusion and integration: majority of counties have recruited women, youth, and PWDs and provided facilities and special programs for is a nation-wide M&E system online so that Kenyans can track the latest achievements on public sector projects and programs they pay taxes for. This assists in making evidence- them; and, have set aside budgetary allocation for them. Fourth, there are leaders, in all based policies, and to respond swiftly to any project implementation difficulties. There levels of County Government, whose character is in contradiction with Chapter 6. Fifth, should DEVOLVEDbe an implementation matrix detailing GOVERNANCE projects and programs, costing, GOVERNANCE DEVOLVED countiesDEVOLVED have listed their development priorities: GOVERNANCE the most common being agriculture, implementing agencies as well as monitoring tools and indicators for all projects infrastructure and health. Development and recurrent expenditure have however, been uneven. Sixth, counties have developed frameworks for county taxation to generate undertaken by the county THROUGHgovernments. A HUMAN HUMAN A THROUGH THROUGH A HUMAN revenue, although most of the new taxes are unfair or even illegal. Seven, Courts of law, Figure 13: Monitoring and Evaluation RIGHTS LENS LENS RIGHTS Court User Committees, and traditional mechanismsRIGHTS (through elders) remainLENS the common mechanisms for seeking justice in the counties. Eighth, most counties have Monitoring and Evaluation established County Land Management Boards (CLMBs), while others are in the process of 72.3% 80.0 developing. However, the majority of counties have adopted the national framework in 70.0 60.0 51.1% 53.2% 44.7% the management of the environment. Last, but not least, not many counties have 50.0 40.4% 31.9% 40.0 29.8% 25.5% 25.5% 27.7% 27.7% established an M&E mechanism. 30.0 23.4% 23.4% 19.1% 20.0 % of Counties 10.0 2.1% 0.0 Strategic Plan Annual Plan Expenditure Survey M&E Mechanism Annual performance Reports

% of Counties with % of Counties without % of Missing Counties

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD

PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road Valley Arcade, Gitanga Road Road Gitanga Arcade, Valley P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O 64 These are Baringo, Garissa, Homa Bay, Kericho, Kiambu, Laikipia, Meru, Mombasa, Nairobi, Narok, Nyamira, 66 These are Garissa, Kiambu, Kilifi, Kirinyaga, Kitui, Lamu, Makueni, Marsabit, Meu, Mombasa, Nairobi, Narok, Tel: +254-020 2044545/020 2106709/ 020 2106763 Nyandarua Nyamira, Nyandarua, Nyeri, Trans Nzoia, Turkana,Tel: Uasin +254-020 Gishu and 2044545/020 West Pokot. 2106709/ 020 2106763 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 65 They are Baringo, Kilifi, Kirinyaga, Kitui, Laikipia, Marsabit, Mombasa, Nairobi, Nyandarua, Samburu and West 67 Those that have prepared include, Kiambu,Mobile Kilifi, Kitui, No: Makueni, 0733629034, Mombasa, 0722264497 Nairobi, Nyeri, Samburu and Trans 0722264497 0733629034, No: Mobile Fax: +254-020 -3874997 Pokot. Nzoia. Fax: +254-020 -3874997 -3874997 +254-020 Fax: Email: [email protected] 24 Email: [email protected] 26 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 25 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 26

% of Counties with % of Counties without % of Missing Counties

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD

CONCLUSION REFERENCES Makueni County Government. (2013, September). Retrieved July 29, 2015, from Makueni County A number of conclusions can be drawn from the foregoing. First, County Governments Government: 14 http://www.makueni.go.ke/sites/default/files/Communications%20Policy- have involved the people in many “public” forums; have made information about county Government%20of%20Makue - Africog (2014), Delivering on Devolution? Evaluating County Budgets 2013-2014 governments available and have utilized websites, the print and social media to make Matemu, Mumo (2013), Entrenching Good Governance and Integrity In Public Office Auditor General-GoK, (2014). Report of the Auditor–General on the Financial Operations of Meru County Government. (2014). Retrieved July 29, 2015, from information available to the people. Nevertheless, communication and access to Makueni County Executive for the Period 1 July 2013 to 30 June 2014. Nairobi: GoK. http://www.assembly.meru.go.ke/index.php?option=com_docman&task=doc_view&gid=12 information is still problematic. Second, most counties do not have the relevant policies Auditor-General on the Financial Operations of the County Assembly of Mombasa 1 July 2013 to 1&Itemid=483 even where they have legislation in place, meaning that the majority of legislation made is 30 June 2014 Meru County Govt. (2013). CIDP-2013-2017, Meru County Government. not anchored on any policy. CIC (June, 2014), Assessment of the Implementation of the System of Devolved Government: From Steps Mutai, A. K. (2015). Somalia Newsroom. Retrieved August 6, 2015, from to Strides, Nairobi: CIC Third,Abridged counties Version have made good progress in inclusion and integration: majority of counties Version Abridged Abridgedhttp://somalianewsroom.com/devolution Version -on-trial-in-kenya-case-study-on-isiolo-county/ Republic of Kenya, 2010. The Constitution of Kenya (2010), Nairobi: Government Printer Mutai, Abraham Kiplangat (2014), Devolution on Trial in Kenya: Case Study on Isiolo County. have recruited women, youth, and PWDs and provided facilities and special programs for Controller of Budget (2015), County Governments Budget Implementation Review Report Third Retrieved from http://somalianewsroom.com/devolution-on-trial-in-kenya-case-study-on- them; and, have set aside budgetary allocation for them. Fourth, there are leaders, in all Quarter FY 2014/2015 isiolo-county/ levels of County Government, whose character is in contradiction with Chapter 6. Fifth, Controller of Budget. (2014). Kisumu County Budget Implementation Review Report, Third Quarter National Land Commission Act No. 5 of 2012 counties have listed their development priorities: the most common being agriculture, 2013/2014, Nairobi: GOK. DEVOLVED GOVERNANCE GOVERNANCE DEVOLVED Oduor,DEVOLVED C., Wanjiru, R., & Kisamwa, F. L. (2015 ). ReviewGOVERNANCE of status of Public Participation, and County Assembly Forum (2015, June 15) County Assemblies take up Public Participation Bill in infrastructure and health. Development and recurrent expenditure have however, been County Information Dissemination Frameworks: A Case Study of Isiolo Kisumu Makueni Ernest. County Assembly Forum News. Retrieved from www.countyassembliesforum.org uneven. Sixth, counties haveTHROUGH developed frameworks for county A taxation HUMAN to generate HUMAN A THROUGH and Turkana CountiesTHROUGH . Nairobi, Kenya: Institute for Economic AAffairs. HUMAN County Assembly Forum (2015, June 16) Kajiado County Assembly goes to the people. County revenue, although most of the new taxes are unfair or even illegal. Seven, Courts of law, Public Financial Management Act, Sections 58, 103, 104, 105, 107 (2) 137, 135,140-142 Assembly Forum News. Retrieved from www.countyassembliesforum.org Court User Committees, and traditional mechanismsRIGHTS (through elders) remainLENS the LENS RIGHTS Report by the Senate’s Committee on Finance, CommerceRIGHTS and Economic Affairs and theLENS National County Government of Kisumu. (2013). County Integrated Development Plan 2013-2017. Kisumu: common mechanisms for seeking justice in the counties. Eighth, most counties have Treasury Retrieved from http://www.standardmedia.co.ke/article/2000103431/county- CGK. established County Land Management Boards (CLMBs), while others are in the process of taxes-are-illegal-say-senate-treasury?articleID=2000103431&story_title=county-taxes-are- County Government of Kisumu (2014), Kisumu County Assembly. Retrieved 2015, from developing. However, the majority of counties have adopted the national framework in illegal-say-senate-treasury&pageNo=1 http://kisumuassembly.co.ke/index.php/explore/downloads SID (2015), Improving the Quality of Citizen Engagement in Kenya: Promise, Reality and the management of the environment. Last, but not least, not many counties have County Governments Act 2012 Prospects. Nairobi: SID. established an M&E mechanism. Daily Nation (2015, April 21), State of Counties: Devolution @ 2. Special Edition Nairobi, Kenya: TI (2014), Local Integrity System Assessment: Kisumu and Kwale. Nairobi: Transparency International Daily Nation. Kenya. ICPAK. (2014). Public Finance Building Blocks for Devolution: A Baseline Survey on Devolution in

Kenya with respect to Public Financial Management Systems. Nairobi: ICPAK. IEA (2015), Review Report of status of Public Participation, and County Information Dissemination

Frameworks in Isiolo Kisumu Makueni and Turkana Counties, Nairobi: IEA IEA (June, 2014), First County Integrated Development Planning: Experiences and Lessons from Laikipia, Nandi, Uasin Gishu, and Meru Counties. Issue No.18

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD InternationalGOOD BudgetAND PartnershipsISSUES (2014),TRENDS, Kenya Budget Analysis:EMERGING ON Kisumu County.ANALYSIS IBP. COMPARATIVE A A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD KSG (February, 2015), Kenya Devolution: One Year On: Review of County Initiatives in Public PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA Valley Arcade, Gitanga Road Participation in the Roll Out ofValley Devolution Arcade, Gitanga Road Road Gitanga Arcade, Valley P.O BOX 41079-00100, Nairobi,Kenya P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O Tel: +254-020 2044545/020 2106709/ 020 2106763 Makueni County Government. (2013).Tel: Handbook +254-020 on 2044545/020Civic Education: 2106709/ County Governance020 2106763 and 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 Public Participation. Makueni County.Mobile No: 0733629034, 0722264497 0722264497 0733629034, No: Mobile Fax: +254-020 -3874997 Fax: +254-020 -3874997 -3874997 +254-020 Fax: Email: [email protected] 26 Email: [email protected] 28 [email protected] Email: Website: www.khrc.or.ke Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 27 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 28

Kenya with respect to Public Financial Management Systems. Nairobi: ICPAK. IEA (2015), Review Report of status of Public Participation, and County Information Dissemination

Makueni County Government. (2013, September). Retrieved July 29, 2015, from Makueni County NOTES Government: 14 http://www.makueni.go.ke/sites/default/files/Communications%20Policy- Government%20of%20Makue - Matemu, Mumo (2013), Entrenching Good Governance and Integrity In Public Office Meru County Government. (2014). Retrieved July 29, 2015, from http://www.assembly.meru.go.ke/index.php?option=com_docman&task=doc_view&gid=12 1&Itemid=483 Meru County Govt. (2013). CIDP-2013-2017, Meru County Government. Mutai, A. K. (2015). Somalia Newsroom. Retrieved August 6, 2015, from Abridgedhttp://somalianewsroom.com/devolution Version -on-trial-in-kenya-case-study-on-isiolo-county/ Version Abridged Mutai, Abraham Kiplangat (2014), Devolution on Trial in Kenya: Case Study on Isiolo County. Retrieved from http://somalianewsroom.com/devolution-on-trial-in-kenya-case-study-on- isiolo-county/ National Land Commission Act No. 5 of 2012 Oduor,DEVOLVED C., Wanjiru, R., & Kisamwa, F. L. (2015 ). ReviewGOVERNANCE of status of Public Participation, and GOVERNANCE DEVOLVED County Information Dissemination Frameworks: A Case Study of Isiolo Kisumu Makueni and Turkana CountiesTHROUGH . Nairobi, Kenya: Institute for Economic AAffairs. HUMAN HUMAN A THROUGH Public Financial Management Act, Sections 58, 103, 104, 105, 107 (2) 137, 135,140-142 Report by the Senate’s Committee on Finance, CommerceRIGHTS and Economic Affairs and theLENS National LENS RIGHTS Treasury Retrieved from http://www.standardmedia.co.ke/article/2000103431/county- taxes-are-illegal-say-senate-treasury?articleID=2000103431&story_title=county-taxes-are- illegal-say-senate-treasury&pageNo=1 SID (2015), Improving the Quality of Citizen Engagement in Kenya: Promise, Reality and Prospects. Nairobi: SID. TI (2014), Local Integrity System Assessment: Kisumu and Kwale. Nairobi: Transparency International Kenya.

Tel: Mobile No: Fax: Email: Website:

A COMPARATIVE ANALYSIS ON EMERGING TRENDS, ISSUES AND GOOD GOOD AND ISSUES TRENDS, EMERGING ON ANALYSIS COMPARATIVE A PRACTICES IN THE IMPLEMENTATION OF DEVOLUTION IN KENYA KENYA IN DEVOLUTION OF IMPLEMENTATION THE IN PRACTICES Valley Arcade, Gitanga Road Road Gitanga Arcade, Valley P.O BOX 41079-00100, Nairobi,Kenya Nairobi,Kenya 41079-00100, BOX P.O Tel: +254-020 2044545/020 2106709/ 020 2106763 2106763 020 2106709/ 2044545/020 +254-020 Tel: Mobile No: 0733629034, 0722264497 0722264497 0733629034, No: Mobile Fax: +254-020 -3874997 -3874997 +254-020 Fax: Email: [email protected] 28 [email protected] Email: Website: www.khrc.or.ke www.khrc.or.ke Website: Devolved GovernanceKHRC ThroughAugust A2015 Human Rights Lens 29 Devolved Governance2015 ThroughAugust A HumanKHRC Rights Lens

Tel: Mobile No: Fax: Email: Website:

DEVOLVED GOVERNANCE THROUGH A HUMAN RIGHTS LENS