Delays by Transition Authority frustrating devolution, says CIC
Transition Authority chairman Kinuthia Wamwangi at a past function. He defended his team saying unbundling of functions was a continuous process that heavily depended on experts. PHOTO | DIANA NGILA | NATION MEDIA GROUP
What you need to know:
None of the reports handed to the commission by TA contains the status of unbundling of functions and costing, which is causing hitches to Constitution implementation.
The Commission for the Implementation of the Constitutional (CIC) Friday blamed the Transition Authority (TA) for delays in transfer of devolved functions to the 47 counties.
According to CIC, the authority is dragging the process by failing to give clear definition of components of the functions to be transferred to the counties as well as their costing.
None of the reports handed to the commission by TA contains the status of unbundling of functions and costing, which is causing hitches to Constitution implementation.
“The TA needs to take us in sequence about the whole process because if transfer of functions is done before unbundling, it will lead to a crisis,” Peter Wanyande, a CIC commissioner told the National Assembly Constitutional Implementation Oversight Committee.
Provisions in the Fourth Schedule of the Constitution stipulate modalities in the distribution of functions between the National Government and the County Government.
The procedure is that functions are defined, listed and costing done before their transfer is done.
Costing is necessary as it helps the national government budget for the transfer of functions to the counties.
“Failure by TA to follow the laid down processes is setting up the country for conflict between the county and national governments,” said Njoroge Baiya, the committee chairman.
CIC is mandated to monitor and supervise the progress of the Transition Authority to ascertain that what they recommend for implementation is in compliance with the Constitution.
TA chairman Kinuthia Wamwangi defended his team saying unbundling of functions was a continuous process that heavily depended on experts.
Transferring of functions kicked off in February 2013 and these, Mr Wamwangi said, were those previously under the domain of the defunct local authorities as they were easily devolved.
An attempt to transfer libraries and social services has met opposition from various quarters leading to a case currently pending in court.
“We are yet to transfer the function of parastatals and state corporations,” he told the parliamentary committee.
TA was allowed more time to furnish the committee with reports on functions unbundling, costing audit, audit on assets and liabilities and challenges met along the way.
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