04 www.thekenyamonitor.
com
November 2010
Dr. Manyibe - On New Constitution
F
or many years, Kenyans have
fought for a decentralized
form of government. Today,
Kenyans can proudly look back and
say “we have made progress.” What
is decentralization? Decentraliza-
tion or devolvement involves the
transfer of some responsibili-
ties and decision-making
power such as planning
and resource alloca-
tion from the central
government to other
levels of governance
(e.g., counties). As I
write this article,
the New Constitu-
tion provides for
the creation of 47
semi-autonomous
counties that would
have the legal au-
thority to design
and implement their
own development
agenda.
Several reasons in-
formed the clamor for a
decentralized system of gov-
ernment that Kenya has just em-
braced. First, previous dictatorial
and authoritarian KANU regime
compelled Kenyans to demand for
more democratic space so that they
can enjoy their freedoms. Second,
the recognition that a devolved sys-
tem would empower underrepre-
sented groups such as people with
disabilities, women, and local entre-
preneurs (Jua Kali artisans) to ac-
tively participate in social, eco-
nomic, and political processes was
a great motivation. Third, Kenyans
needed a system of government that
would allow them to sit at the deci-
sion making table where they can
identify their development priories
and decide how to achieve them.
Third, Kenyans wanted system of
government that will hold both lo-
cal and national leaders account-
able. Under the former constitu-
tion, it was easy for leaders to blame
the central government even on
things that were within their juris-
diction. On the contrary, under the
New Constitution local leaders will
no longer pass the buck – they will
be held accountable for their ac-
tions. Moreover, the New Consti-
tution will enhance checks and bal-
ances and the separation of powers
between regional and central gov-
ernment thus enhancing democ-
racy in the country. Fourth, they
needed a decentralized system be-
cause it creates conducive environ-
ments for competition and bargain-
ing among different governments
and groups. It is envisaged that un-
der the current constitution, coun-
ties will compete for business, hu-
man talent, and tourists, among
others. A healthy competition will
lead to wealth maximization. To be
On The New Constitution
By Dr. Edward O. Manyibe
competitive, however, counties
must develop their infrastructure
(e.g., transport and communication
networks), social services (e.g.,
health and education), technology,
and security. Obviously, investors
will shy away from counties that
have high crime rates, cor-
ruption, or dilapidated
infrastructure.
Although cel-
ebrated as a good
system of gov-
ernment, de-
centralization
has its pitfalls.
Evidence sug-
gests that de-
centralization
can facilitate
the devolution
of corruption.
For instance,
devolution can
facilitate the
transfer of cor-
ruption from Nai-
robi, the capital city,
to county and constitu-
ency headquarters around
the country. Most of us know that
corruption flows to where money is.
Credible sources such as the Na-
tional Taxpayers Association
(NTA), Kenya Institute for Public
Policy Research and Analysis
(KIPPRA) and anecdotal evidence
suggest that corruption in the use
of CDF funds is both massive and
epidemic. Some MPs, councilors,
and CDF managers, individually or
in collusion, often misappropriate
CDF, HIV/AIDS, and bursary
funds. This clearly demonstrates
the potential of unscrupulous lead-
ers to devolve corruption to the
grassroots.
In view of the aforementioned
concerns, the following questions
should be addressed: How can Ken-
yans ensure that devolution of gov-
ernment as envisaged in the New
Constitution brings the kind of ben-
efits that wananchi aspire for? How
can Kenyans ensure that the Coun-
ties rapidly contribute to develop-
mental goals of Kenya as a nation?
Here are some of the things they can
do:
The key to the success of decen-
tralization in Kenya lies in building
the capacities of local communities.
This should involve strategic plan-
ning, revenue diversification, tech-
nology improvements and accessi-
bility, and research and develop-
ment, among others. The intent of
capacity building efforts is to de-
velop capable leaders, effective
management, and strong govern-
ance. The ultimate goal is to em-
power community members to be
good custodians of resources. For-
tunately, the new constitution em-
phasizes issues of leadership and in-
Views
tegrity consequently giving Ken-
yans the opportunity to hold their
leaders to the highest standards.
Kenyans must be vigilant in en-
forcing anti corruption laws at all
levels of government. The new
KACC Director, Dr. Lumumba, for
example, has a unique opportunity
to rally Kenyans to ensure that
counties and constituencies do not
become the new centers of corrup-
tion. Anti-corruption infrastructure
must therefore be build at all local
levels to provide local community
members avenues for reporting cor-
ruption cases. Most importantly,
detecting, documenting, and re-
porting corruption cases to relevant
authorities are a shared responsibil-
ity of all Kenyans.
Decentralization can lead to de-
sired outcomes by creating account-
ability at the local level, where it
matters most, and giving power to
local actors who are better able to
define their own problems. This can
be achieved through instituting leg-
islation that clearly defines the role
of devolved governments and bod-
ies charged with providing over-
sight. Furthermore, the central gov-
ernment must address the three di-
decentralization
“
empowers
people to use
their creativity
to manage their
affairs for
self-determina-
tion and
preservation.
mensions of decentralization: ad-
ministrative, political and fiscal for
our experiment of devolution to
succeed. Local actors such as
county representatives must be
given autonomy to make decisions
that respond to issues unique to
their constituents.
Marginalized groups such as
people with disabilities, unem-
ployed youth, girls, and poor fami-
lies have to be identified and their
needs addressed. Strategic inter-
ventions such as community reha-
bilitation programs and access to
low interest loans should be put in
place to ensure that members of
marginalized groups participate
fully in the development process of
Monitor
their communities. My extensive
studies of development processes
around the globe reveal that decen-
tralization efforts that that do not
address concerns of the margina-
lized groups fail miserably.
Strong partnerships among the
public, private, and civil society sec-
tors should be promoted. When all
these sectors start working in con-
cert duplication of services will be
minimized, coordination among
service providers in the local area
will increase, checks and balances
will be improved ultimately result-
ing in working toward common
goals. Mutually agreed partnerships
provide an avenue for ongoing com-
munication and coordination
among social change agents, gov-
ernment agencies, and private for-
profit and nonprofit entities thus
ensuring seamless implementation,
monitoring, and evaluation of
progress of each county.
Each county should have clear
strategic plans anchored in sound
local and national policies. A sound
strategic plan should be able to tell
people where they are and where
they are likely to be in the next five,
ten, or fifty years if the plan is well
executed. Kenya Vision 2030 which
aims to transform Kenya into a
newly industrialized country by the
year 2030 provides a good starting
point for each county to develop
their respective strategies.
Kenyans (We the People) must
embrace and celebrate diversity for
the New Constitution to bear fruit.
Diversity of individuals or groups
can be based on their religion, eth-
nicity, disability, socioeconomic
status, culture, gender, and politi-
cal affiliation. Collectively and indi-
vidually, Kenyans should strive to
understand, accept, and value all
people and all that is of people. The
2007 post election violence should
constantly remind us of the need for
peaceful co-existence. I hope that
each county will prohibit any type
of discrimination at all levels.
In conclusion, decentralization
empowers people to use their crea-
tivity to manage their affairs for
self-determination and preserva-
tion. My recent visit to Kenya and
the conversations I have heard with
friends and family members give
me a lot of hope that Kenya is on
the threshold of becoming an eco-
nomic and political power. Kenyans
are hard working. They hate pov-
erty. They want to uplift each other
to succeed. They are patriotic both
to their country and local commu-
nities. Kenyans have a lot of hope
in the New Kenya and, I believe,
they will do everything to realize the
Kenyan dream.
Dr. Manyibe is Professor at Langston
University, Department of Rehabilitation
Counseling and Disability Studies. Email:
eomanyibe@lunet.edu