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LOCAL GOVERNMENT SYSTEM in Kenya

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LOCAL GOVERNMENT SYSTEM in Kenya COUNTRY PROFILE 2017–18 THE LOCAL GOVERNMENT SYSTEM IN Kenya SUMMARY KENYA Kenya is a democratic republic with two spheres of government: national and county. There is constitutional provision for county governments who may appoint urban boards, and the respective principal laws are the County Governments Act 2012 and the Urban Areas and Cities Act 2011. The latest County Assembly elections took place in 2017 where 35.0% (787/2,130) of members were women, of which 3.7% (84) were directly elected and 703 appointed from party lists to ensure the minimum 1/3 quota. The 47 county governments are responsible for collecting taxes, user fees and charges and, in addition, Article 203(2) of the constitution stipulates that not less that 15% of revenue raised nationally must be allocated to county governments. County governments also receive revenue from central government block grants through the Local Authorities Transfer Fund (LATF). The county governments have been assigned 14 functions under the fourth schedule of the constitution, including agriculture, county health and transport services, trade and tourism development and county planning. 1. NATIONAL GOVERNMENT 2.2 Main legislative texts Kenya is a democratic republic with a Principal legislation for local bicameral parliament comprising two government: houses: a national assembly (known as 19.2b the Bunge) and a senate.19.1a The head ■■ County Governments Act 2012 of state is the president, who is directly ■■ Urban Areas and Cities Act 201119.2c elected by universal adult suffrage for Other relevant legislation19.2d includes: a maximum of two five-year terms. The winning candidate must secure a ■■ Coordination of National Government majority of 50% of the vote plus one, Act (2013) and at least 25% of the vote in at least ■■ Finance Act (No. 4 of 2012) 24 out of the 47 counties, and may not ■■ Intergovernmental Relations Act (2012) be a member of parliament. Of the 350 ■■ Land Act (2012) members of the national assembly, 290 KEY FACTS are directly elected from single-member ■■ Land Registration Act (2012) constituencies to serve a five-year term. ■■ Leadership and Integrity Act (2012) POPULATION (2015 estimate): The remaining members include: 47 ■■ National Land Commission Act (2012) 44,156,577 women (one elected from each of the ■■ Public Finance Management Act (2012) 47 counties); 12 members nominated ■■ Public Service Commission Act (2012) AREA (UN 2006): according to the strength of political ■■ Transition to Devolved Government 580,367 sq km parties to represent special interests Act (2012). (youth, disabilities and workers); and CAPITAL: the speaker. The senate is composed A policy on the Devolved System of Nairobi Government was adopted by the of 68 members: one elected member CURRENCY: from each of the 47 counties; 16 women Government of Kenya In January Kenyan shilling (KES) nominated by political parties; two 201719.2e. The policy launches a new members (one man and one woman) phase of consolidating devolution, HEAD OF STATE AND GOVERNMENT: representing the youth and people with clarifying and strengthening roles and President Uhuru Kenyatta disabilities respectively; and the speaker. responsibilities of both the national and FORM OF GOVERNMENT: Following the 2017 election, 21.8% county governments to strengthen the democratic republic (76/349) of MPs and 30.9% (21/68) of implementation of devolution as it is 3.1b senators were women. envisaged in the constitution. PARLIAMENTARY SYSTEM: bicameral 2. LEGAL BASIS FOR 2.3 Proposed legislative changes STATE STRUCTURE: LOCAL GOVERNMENT Model laws and a legislation have been unitary 2.1 Constitutional provisions developed to strengthen the capacity Article 6 of the Constitution of Kenya19.2a of county governments to legislate. A LANGUAGES: adopted in 2010 divides the country into review of the County Government Act Kiswahili and English (official) 47 county governments, with Chapter 11 and the Intergovernmental Relations NATIONAL ELECTIONS: Articles 174-200 providing for devolved Act is underway to address emerging last: 2017, turnout: na%; next: 2021 government, including Article 184 which devolution concerns. provides for appointed urban area and WOMEN IN PARLIAMENT: city board units of decentralisation MPs 21.8%, Senators 30.9 (2017) under the counties. Whilst there is no 2.4 National urban policy COUNTY ELECTIONS: constitutional protection for sub-county A national urban policy was adopted last: August 2017, turnout: na, 2021 local government, the constitution does in 2015 following consultation with the county governments. Additionally, each state that ‘Every county government shall WOMEN COUNTY ASSEMBLY MEMBERS: decentralise its functions and the provision county has been tasked with drafting 35.0% (2017) of its services to the extent that it is its own urban policy in order to provide efficient and practicable to do so’ [176.2] direction on issues of urbanisation LOCAL (COUNTY) GOVERNMENT including the provision of transport, EXPENDITURE as a percentage of total water, electricity, schools and health government expenditure 2016/17: services. The policy also defines standards 13.5% to be applied in urban management. www.clgf.org.uk/kenya 101 THE LOCAL GOVERNMENT SYSTEM IN Kenya COUNTRY PROFILE 2017–18 Table 19.1a Distribution of councils and population 3. STRUCTURE OF LOCAL GOVERNMENT County Population Population % rural 3.1 Local government within the state government City Town 2009 Census 2015 estimate 2009 County government consists of a county assembly and a county executive. Mombasa 0 0 938,500 na 0.0 The county assembly is composed Kwale 0 3 649,588 na 81.9 of: a member elected by voters from Kilifi 0 2 1,108,770 na 74.3 each ward; a number of special seats nominated by political parties to Tana River 0 0 240,008 na 85.0 ensure that no more than two-thirds of Lamu 0 0 101,483 na 80.1 the assembly comprises one gender; Taita -Taveta 0 2 284,516 na 77.4 members of marginalised groups including people with disabilities and Garissa 0 1 375,968 na 76.5 youth, nominated by political parties; Wajir 0 4 399,432 na 85.4 and a speaker. The county executive comprises the county governor, deputy Mandera 0 1 618,966 na 81.9 county governor and members appointed Marsabit 0 0 291,075 na 78.0 by the county governor with the approval Isiolo 0 0 143,211 na 56.5 of the assembly sub-counties. The decentralisation of county government Meru 0 2 1,355,359 na 88.0 functions and service provision to urban Tharaka-Nithi 0 2 365,142 na 93.4 and non-urban sub-counties are provided Embu 0 2 515,959 na 83.9 for in the constitution and two principal Acts - the County Governments Act 2012 Kitui 0 2 1,012,236 na 86.2 and the Urban Areas and Cities Act 2011. Machakos 0 4 1,097,816 na 48.0 Under these powers there are currently one city (Kisumu), two municipalities Makueni 0 2 884,258 na 88.2 (Nakuru and Eldoret) and 103 towns. Nyandarua 0 1 596,053 na 81.5 Nyeri 0 3 693,354 na 75.5 3.2 Ministerial oversight Kirinyaga 0 2 527,880 na 84.2 The State Department of Devolution in the Ministry of Devolution and Planning19.3c Murang’a 0 5 942,101 na 83.7 (MDP) oversees devolution in Kenya. Kiambu 0 6 1,622,363 na 39.2 The main mission of MDP is to ‘provide Turkana 0 1 854,991 na 85.8 leadership, coordination, an enabling environment for planning, transformed West pokot 0 2 512,572 na 91.7 public service delivery and management Samburu 0 1 223,897 na 82.7 of the devolved system of government’. Whilst a high degree of autonomy has Trans Nzoia 0 1 818,539 na 79.6 been granted to the counties in the Uasin Gishu 0 2 893,609 na 61.4 constitution, the MDP assists with the Elgeyo-Marakwet 0 1 369,902 na 85.6 coordination of intergovernmental relations and the implementation Nandi 0 2 752,665 na 86.4 of the County Governments Act Baringo 0 2 555,441 na 89.0 2012. The Department of Devolution Laikipia 0 3 398,992 na 75.2 coordinates implementation of all devolved programmes and projects. The Nakuru 0 3 1,602,636 na 54.2 department is guided by a devolution Narok 0 1 850,292 na 93.1 sector plan which is anchored by the medium-term plan: Kenya Vision 2030. Kajiado 0 1 686,992 na 58.6 Kericho 0 3 590,371 na 71.7 3.3 Council types Bomet 0 3 891,390 na 81.7 3.3.1 County governments: There are 47 Kakamega 0 3 1,698,576 na 84.8 each comprising an assembly and an executive. The members of the county Vihiga 0 2 567,387 na 68.6 assemblies (MCA) are directly elected Bungoma 0 5 1,374,477 na 78.3 from single member constituencies Busia 0 5 743,592 na 83.6 and there are a number of special seat members to ensure that no more than Siaya 0 6 841,746 na 89.2 two-thirds of the membership of the Kisumu 1 0 968,451 na 47.6 assembly are the same gender. There Homa Bay 0 1 963,441 na 85.7 can also be provision for special seats for marginalised groups including persons Migori 0 6 916,665 na 66.0 with disabilities and youth. Each assembly Kisii 0 4 1,151,898 na 78.5 appoints a speaker from among persons who are not members of the assembly Nyamira 0 2 598,029 na 86.0 and is ex-oficio of the assembly.
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