Africa-Press – Kenya. Governors have petitioned President William Ruto to review nine laws and executive orders they argue are reversing the gains made on devolution. Speaking during the ongoing Cabinet retreat in Nanyuki, the governors say the laws are in conflict with the Constitution.
They said a review will enable the devolved units to undertake their mandates effectively. “These legislations mainly touch on health, agriculture, water, energy, land and urban development and environment and forestry sectors,” Council of Governors chairperson Ann Waiguru said.
The legislations include the Co-operative Societies Act, National Health Insurance Fund Act, Kenya Medical Supplies Authority Act and the National Construction Authority Act. Also, Agriculture and Food Authority Act, Tea and Coffee regulations, The Energy Act, Water Act and the Environment Management and Coordination Act.
Waiguru also cited three executive orders under State Corporations Act, which established the Kenya National Public Health Institute, National Syndemic Diseases Control Authority and Kenya Tissue and Transplant Authority as stifling smooth implementation of devolution.
She said some of the legislations created institutions that are undertaking devolved functions. “We want to propose that each sector that has a concurrent function to create an inter-governmental forum, to enhance sector collaboration between the two levels of government,” Waiguru said.
The Kirinyaga governor further called for the restructuring of the Regional Development Authorities and semi-autonomous government agencies that undertake county government functions.
“Creation of national programmes on devolved functions without involvement of county governments goes against the spirit of the constitution,” she said. They county chiefs also emphasised the need to expedite the unbundling, delineation, costing and transfer of functions to the counties.
Waiguru also urged Parliament to prioritise consideration of the proposed amendments to the Intergovernmental Relations Act, 2012, to anchor the CoG secretariat in law in order.
This according to the governor will support intergovernmental relations and ensure that counties are fully supported to undertake their constitutional mandate.
She was, however, quick to clarify that counties are not in conflict with the national government. “There is a clear delineation of the roles of both levels of governments and all the parties should stick to the law,” Waiguru said.
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