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Devolution in Kenya DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS FOR REFUGEES? CONTACT INFORMATION Regional Durable Solutions Secretariat Danish Refugee Council-Horn of Africa & Yemen Lower Kabete Road (Ngecha Road Junction) P.O. Box 14762-00800, Westlands, Nairobi. Office: + 254 20 418 0403/4/5 Email: [email protected] Website: www.regionaldss.org Twitter: @ReDSS_HOAY DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS REFUGEES? ReDSS is a coordination and information hub with the aim of maintaining a focused momentum around the Tripartite Agreement and NGO engagement with durable solutions for displaced and displacement affected communities in the Horn of Africa. ReDSS is managed through a steering committee comprised of DRC and IRC and an Advisory Group including ACTED, CARE, IRC, Mercy Corps, NRC, RCK, INTERSOS, World Vision and is a member of the Solutions Alliance. The secretariat is hosted by the Danish Refugee Council (DRC) Regional Office for the Horn of Africa and Yemen, in Nairobi. It officially commenced its work in March 2014. ReDSS members: Samuel Hall is a research and consulting company based in Asia (Kabul, Afghanistan) and East Africa (Nairobi, Kenya). We specialise in socio-economic surveys, private and public sector studies, and impact assessments for non-governmental and international organisations. Our teams of field practitioners, academic experts and local interviewers have years of experience leading research in Central Asia and East Africa. This has enabled us to acquire a firm grasp of the political and socio-cultural context in the country; design data collection methods and statistical analyses for monitoring, evaluating, and planning sustainable programmes; and to apply cross-disciplinary knowledge in providing integrated solutions for efficient and effective interventions. To find out more, visit samuelhall.org. Nairobi, KENYA Kabul, AFGHANISTAN Dubai, UAE Paris, FRANCE [email protected] www.samuelhall.org DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS FOR REFUGEES? This publication was commissioned by the Regional Durable Solutions Secreteriat (ReDSS) and was prepared and conducted solely by Samuel Hall. This report should be cited using the following referencing style: Regional Durable Solutions Secretariat (ReDSS) / Samuel Hall (2015) “Devolution in Kenya: Opportunity for Transitional Solutions for Refugees? Analysing the impact of devolution on refugee affairs in refugee hosting counties”. 22 July 2015 Photo: Axel Fassio/DRC ACRONYMS 6 FOREWORD 8 PART A INTRODUCTION 9 ANALYSIS OF THE POTENTIAL OF DEVOLUTION FOR REFUGEE AFFAIRS 15 DEVOLUTION AND DURABLE SOLUTIONS IN DADAAB? A CASE STUDY 24 DEVOLUTION AND DURABLE SOLUTIONS IN KAKUMA? A CASE STUDY 36 PART B REFUGEE MANAGEMENT IN KENYA 49 CONTEXT ANALYSIS OF REFUGEE AFFAIRS IN KENYA 49 LEGAL ANALYSIS OF RELEVANT FRAMEWORKS AND LAWS 55 WHO GOVERNS WHOM RIGHT NOW? 58 DEVOLUTION AND IMPLICATIONS FOR REFUGEE MANAGEMENT 62 DEVOLUTION ARCHITECTURE 62 THE UPS AND DOWNS OF DEVOLUTION IN KENYA: ACHIEVEMENTS AND CHALLENGES 62 THE PROMISE OF EQUALITY? THE EQUITABLE SHARE AND EQUALISATION FUND – A LONG TERM PERSPECTIVE 68 ROLES AND RESPONSIBILITIES UNDER DEVOLUTION 71 CONCLUSION 76 RECOMMENDATIONS 80 REFERENCES 87 ACRONYMS County Integrated Development Plans County Government Act Community Development Committees Constitution of Kenya Commission for Revenue Allocation Department of Refugee Affairs Danish Refugee Council Focus Group Discussions Gender Based Violence Government of Kenya Human Development Index Human Poverty Index Improvised Explosive Device International Non Governmental Organization International Organization for Migration International Rescue Committee Key Informant Interview Local Authorities Transfer Funds Lutheran World Federation Members of the County Assembly Ministries, Departments and Agencies Médecins Sans Frontières Norwegian Refugee Council Non-Governmental Organizations Personal Identification Number Refugee Consortium of Kenya Regional Durable Solutions Secretariat Refugee Status Determination South Sudan Transition Authority Transition to Devolved Government Act Urban Areas and Cities Act United Nations Human Settlement Programme United Nations High Commissioner for Refugees Water, Sanitation and Hygiene United Nations World Food Programme 6 | DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS FOR REFUGEES? PART A ANALYSING THE IMPACT OF DEVOLUTION ON REFUGEE AFFAIRS IN REFUGEE HOSTING COUNTIES (TURKANA AND GARISSA) DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS FOR REFUGEES? | 7 FOREWORD The objective of this research is to assess the opportunities posed by the political process for potential solutions in Kenya’s key refugee-hosting counties of Turkana and Garissa. It firstly analyses opportunities presented by devolution which can contribute to the increased self-reliance of refugees. Secondly it focuses on the architecture of devolution in relation to refugee affairs, through the provision of a manual which analyses the legal framework, institutional structures, actors and processes of devolution. Protracted displacement is on the rise in the East and Horn of Africa, reflective of a global trend. Subsequently the search for solutions to protracted displacement is increasingly high on the agenda of states, donors and key stakeholders working on forced migration, displacement and solutions in the region. This report is part of a cycle of studies commissioned by the Regional Durable Solutions Secretariat (ReDSS)1 to build an evidence base, enabling humanitarian and development actors to develop informed strategies on displacement and solutions. In the heated political and security environment regarding refugees in the region, this research is timely and relevant. Kenya’s devolution is among the most rapid and ambitious processes taking place globally, providing governance challenges and opportunities as new county governments are built. Devolution is likely to significantly change the management of humanitarian and development issues in the country. In turn it could lead to both challenges and opportunities in the management of refugee affairs, and in self-reliance prospects for refugees, prior to the realisation of permanent and sustainable solutions. This research identifies potential entry points in programming, advocacy and knowledge building which can mutually benefit county governments, refugees and host communities alike. Gemma Davies ReDSS Coordinator 1 The Regional Durable Solutions Secretariat is an information and coordination hub that acts as a catalyst and agent provocateur to stimulate forward thinking and policy development on durable solutions for displacement affected communities. ReDSS is managed through an advisory group comprising of DRC, IRC, NRC, World Vision, ACTED, INTERSOS, Mercy Corp, RCK, CARE International and OXFAM. IRC and DRC form the steering committee. ReDSS is a member of the Solutions Alliance. The Secretariat is hosted by the Danish Refugee Council (DRC) Regional Office for the Horn of Africa and Yemen, in Nairobi. It officially commenced its work in March 2014. 8 | DEVOLUTION IN KENYA: OPPORTUNITY FOR TRANSITIONAL SOLUTIONS FOR REFUGEES? INTRODUCTION BACKGROUND OF THE STUDY play in refugee affairs. This is the focus of the present study. The search for durable solutions for refugees and displaced persons in the Horn of Africa is This report is part of a cycle of studies high on the agenda. It is a regional and cross- commissioned by the Danish Refugee Council border issue, with a strong political dimension (DRC), in partnership with the Regional Durable that goes beyond the existing humanitarian Solutions Secretariat (ReDSS), gathering agenda. The current security climate in Kenya the main actors working on migration and and Somalia require interim, transitional displacement in the region to find durable solutions that can pave the way for durable solutions to displacement. In a heated political solutions to be reached. How do we treat and security context framing refugee affairs in this transitional environment such that it best East Africa, there is an acute need for evidence- benefits refugee and host communities? based strategies to find durable solutions. This is especially true in light of the “protracted The political climate is fast evolving in Kenya, situations of displacement”, by which refugees and may constitute a resource for transitional get “trapped in limbo (…) having been in exile for solutions. The 2010 Constitution of Kenya more than five years with no immediate prospect enacted a process of devolution with wide of finding a durable solution for themselves.”2 ranging consequences on the nature of local governance and service delivery. For donors, The key component under study is the stakeholders, and organisations working in devolution process that began in Kenya with Kenya on refugee affairs, devolution is a force the promulgation of a new constitution in 2010. to be reconciled with. It is a ‘work in progress’ Devolution is the transfer or delegation of power and in its infancy stage with mandates and by- from the central to the sub-national level: from laws being written in 2015. This study assesses Nairobi to county administrations. Kenya’s whether county governments can provide devolved system involves the creation of two an opportunity to reach transitional solutions or more levels of government that are to co- for refugees, recognising that any solution ordinate activities, but that are not subordinate to displacement
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