Third devolution conference must conclude unresolved issues

A billboard erected in Meru Town announcing the third annual devolution conference which starts on 20th April 2016 at the Meru National Polytechnic. PHOTO | PHOEBE OKALL | NATION MEDIA GROUP

What you need to know:

  • First, if we pick up from the second devolution conference it remains unclear progress made on the resolutions contained in the communiqué issued at the end. Here’s a sample of five of the 31 resolutions made at the time.
  • Other than being rather male in subject matter, what seems to be missing is a framework for action that involves follow-up and continuous improvement from one year to the next in a way that ensures that unresolved issues do not continue to emerge from one year to the next.

Two big things happened in the past week, and neither was about our political rallies. First, Harambee Starlets — our women’s national soccer team — qualified for the Women’s African Cup of Nations (WCN) to be held in Cameroon in September.

Then over the weekend our men’s national seven-a-side rugby team secured a first ever overall victory in the Singapore leg of the World Rugby Sevens series.

While the reported reward accorded to our women (Sh200,000 for the whole team) was far less than the official and on-line recognition our men received, I will for now restrain myself from speaking to our national misogyny and celebrate both achievements with equal pride.

This week we should also experience less of our usual political rhetoric. President Uhuru Kenyatta is quietly retreating with his Cabinet to discuss the 2016/17 budget and project implementation priorities even as the Jubilee administration ramps up delivery heading into next year’s election.

The Third Devolution Conference (DevCon3) also takes place this week, this time in Meru. While governors will no doubt be the “stars of the show”, it should be noted that DevCon3 — as with previous conferences— involves a host of other stakeholders in our devolution promise.

These include County Executive Committee (CEC) members and Members of County Assemblies (MCAs), members of the National Executive, Senate and National Assembly and the Judiciary.

Development partners, the private sector, non-state actors and technical experts will be present. By all accounts, Mr Kenyatta is expected to deliver DevCon3’s keynote opening address.

An estimated 6,000 people will attend the event, and, as the Press reports, Meru town is booming. Guided by the theme Celebrating Devolution, the conference website offers an elaborate menu of the content to be discussed including the lofty subjects of unity in diversity, sustainable urbanisation, mainstreaming sustainable development goals, civic education for public participation and ICT for growth.

DevCon3 will also examine emotive issues such as resourcing of county governments, clarifying the (non) roles of state corporations and regional development authorities and seeking progress in those functions that are devolved (specifically agriculture and health).

One original topic — around “corruption and integrity” — seems to have been replaced in the final programme by another titled “roadmap to 2017”. All in all, however, DevCOn3’s organisers have managed to come up with what initially looks to be an interesting menu for discussion.

Framework for action

Other than being rather male in subject matter, what seems to be missing is a framework for action that involves follow-up and continuous improvement from one year to the next in a way that ensures that unresolved issues do not continue to emerge from one year to the next.
Four inter-related sets of issues come to mind.

First, if we pick up from the second devolution conference it remains unclear progress made on the resolutions contained in the communiqué issued at the end. Here’s a sample of five of the 31 resolutions made at the time.

First, the need to address challenges around insecurity, transfer of funds, frameworks for public participation and legislative capacity within County Assemblies. Second, the process of asset auditing, costing and transfer to county governments.

Third, the need for a clear revenue framework that counties can use for revenue collection. Fourth, the need to harmonise benefits and allowances accruing to MPs and MCAs.

Fifth, the importance of entrenching the culture of rule of law through respect for court orders. In addition, at least three other resolutions spoke to the need to build adherence with the Constitution’s two-third’s gender principle.

I fear we will not move fast enough on this principle until we have a few women governors. More broadly, however, what’s the progress on these 31 promises? Second, we have emerging issues as noted in the Council of Governors’ retreat of April 8, 2016, in which, after hailing the impressive progress made across the board in health, roads, water, agriculture and early childhood development, the CoG flagged concerns about the role of regional development bodies, continued irregular disbursements from the Treasury and disagreement with the national government on the reclassification of roads (now in court).

Also highlighted from that meeting were the non-delivery of medical equipment and the need for independence and funding around the Intergovernmental Technical Relations Committee that replaced the Transition Authority.

In short, does DevCon3 have an “agenda within an agenda?”

Third, DevCon3 takes place at the peak of the 2016/17 budget process. Yet, as we speak, county governments which must submit programme-based annual budget estimates to county assemblies by April 30 today have no certainty over their allocations from the national revenue share simply because the Division of Revenue Bill (DORB) sits somewhere between the National Assembly and the Senate (notwithstanding problems with the bill itself).

On the cost side, several county governments are preparing budgets with a bloated inherited workforce, yet they are expected to deliver balanced budgets.

Nothing has been heard of the Capacity Assessment and Rationalisation exercise carried out in 2015, and it would appear that proposals by the Commission on Revenue Allocation (CRA) to cover some of these inherited costs as part of the county revenue share have been firmly resisted.

That asset transfers are incomplete only adds to the fiscal uncertainty. How can DevCon3 move this important budget-related discussion forward positively and constructively?

My fourth and final point is my simplest. If we were to shed the “rose-tinted” spectacles for a moment, then the true reflection that DevCon3 must focus on is in how service delivery to citizens has improved.

It is one thing to buy assets and provide facilities, and yet another for citizens to be encouraged to use these items.

As county governments complete their third full year of operations, do we now have sufficient data to help us understand not how much was spent, or what was bought, but how this has measurably translated into improved services or citizens?

So, there we have it. DevCon3 that provides follow-up from prior conferences, brings all issues to the table, addresses the critically important budget challenges that underpins county operations, and provides some sort of rough assessment about whether or not — in terms of outputs and outcomes — devolution is on course.

Kabaara is a management consultant.
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