Senators have full in-tray in securing, growing devolution

This year’s Devolution Conference is set for Kakamega County this Month. Progress has been made but significant challenges remain. Devolution is the new struggle for Kenya after restoration of pluralism and promulgation of the new Constitution.

It is about deepening sustainable democratic governance, addressing inequalities, equal access to opportunities and equity in governance, consolidating democratic stability, peace and security.

Senate is the institution at the heart of this system of governance. Senate is not nyumba ya wazee (old men’s assembly). Sadly, it appears the Senate hasn’t quite grasped its core mission.

The single largest economic and financial risk which adoption of the new Constitution portends is failure of the national government to rationalise and downsize as stipulated in the Constitution.

The Government is sustaining costly, wasteful and duplicative parallel government system. It is a subtle strategy to weaken the devolved government.

The size, structure and costs of running the national government were set to be drastically reduced by devolution. The Senate has the arduous yet pivotal responsibility to undertake massive governance and development transformation of the country.

It has a strategic and pivotal role of driving State transformation, unlike the National Assembly.

The Judiciary has been generous to the Senate with critical judgments that have asserted and expanded the mandate of the Senate. The courts are also emerging as crucial pillars of strengthening the devolved system of governance. Senate has not seized its powers to overhaul the governance and development from old order.

The old order still persists and the National Assembly is determined to enhance it.

What should be the agenda for the Senate in 2018? First, it should enforce the constitutional principle of separation of powers and functions of institutions.

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Senate should enact the prerequisite legal framework to guide and regulate proliferation of devolved funds, bringing their implementation under the County Treasury for prudent, responsible and accountable utilisation.

Secondly, transition to a fully devolved system of governance and development as stipulated in the Constitution is still incomplete. Senate should embark on restructuring the process of institutions, including parastatals and corporations, to make them comply with devolution.

Thirdly, it should exercise its law-making powers to deepen and consolidate county institutions and the entire devolved system of governance including administrative, political, financial and security matters.

Fourthly, the Senate needs to facilitate the building of institutional capacity of the county governments. Fifth, it has a major role in moving the budget from mechanics involved to engineering the process of budget.

Finally, Senate should create avenues for the county and national government to engage.

Ndung’u Wainaina is Executive Director, International Centre for Policy and Conflict.