Depoliticizing County Governments

From its structure and architecture, Chapter eleven of The 2010 Constitution of Kenya was proposed to bring about administrative reform by creating a devolved system of governance entailing 47 Counties. This move was aimed at taking Government services closer to the people and enhancing the participation of the people in the exercise of powers of the state and in making decisions affecting them. Another important aim of creating these devolved units was to create a conducive environment for sustainable social and economic development, along with the provision of easily accessible services throughout the country. However, 10 years later, the operations of County Governments are faced with a myriad of challenges, the main one being over politicization of County affairs across all the 47 Counties.

Alongside the constitution, the County Governments Act, and the Urban Areas and Cities Act charge County Governments with the responsibility of ensuring sustainable development and improvement of the quality of lives of the people they govern. Such improvements and preservation of the citizens’ well-being are predicated upon a well-structured system that prioritizes development and public participation.

The constitution vests the Executive authority of County Governments in the County Executive Committee which consists of the Governor, Deputy Governor, and the County Executive Committee members who are appointed by the Governor with the approval of the County assembly. The County Executive Committee is mandated to implement County legislations, manage and coordinate the functions of County administration and its departments, prepare proposed legislation for consideration by the County assembly as well as provide the County assembly with regular reports on matters relating to the County.

On the other hand, the Constitution vests legislative authority of Counties in County assemblies. Article 185(3) of the Constitution expressly provides that while respecting the principle of separation of powers, a County assembly may exercise oversight over the County Executive Committee and any other County Executive organ. However, the big clash arises as a result of interference by political leaders in the administration and management of affairs of the County Governments in brazen betrayal and overreach of their oversight and legislative mandates.

The politicization of County affairs is not unique to County assemblies. A case in point is what transpired immediately after the 2017 general election, whereby the media widely reported that some Governors had issued threats to sack all the County officials who either did not campaign for them or those who supported their political opponents in the August 2017 polls. It was also reported that some Governors issued letters terminating County employees’ services. This was a blatant disregard of the law and the epitome of political meddling in County administration, such interference runs afoul.

The County Government Act (2012)established County Public Service Boards with clear objectives including; establishment and abolition of offices, the appointment of persons to hold or act in those offices, confirming appointments, and exercising disciplinary control over and removal of persons holding or acting in those offices. It is therefore not within the powers of a Governor to sack County employees.

Though County Governments exist and operate in a dynamic and highly political environment, the elimination of partisan political control and influence in the administration of County affairs and the provision of services to the people by political players is a matter of priority over political exigencies. de-politicization of the running of County Governments will go a long way in ensuring sustainable professional and quality services to the citizens.

The administrative arm of County Governments, which is mainly referred to as County Executive, should be free from political interference by County assemblies and other political players. The influence of politics in the administrative functions in County Governments goes against the doctrine of separation of powers and causes delay and erosion of quality and ethics in service delivery, loss of revenue, and disharmony between the two arms of County Government; the County Executive and the County assemblies. Thus, reforms should be aimed at removing politics from the mainstream administrative operations of county governments, to promote efficiency in the running of County Governments as envisioned by the Constitution.

County Governments are responsible for policymaking and planning in their respective jurisdictions at two levels, the first being policymaking which is primarily the responsibility of County assemblies in conjunction with County Executives. At this level, the influence of political leaders is critical, even inevitable in budgeting and planning. The second level is the implementation of the policies made, which is the responsibility of the County Executive. In this setup of mutuality, County assemblies are therefore responsible for policymaking whereas County Executives are responsible for the implementation of policies. Neither arm should therefore be seen to usurp or interfere with the execution of the other’s functions. Given this apparent need for synergy, the two arms must strike a balance in the execution of their respective functions.

In discharging their devolved functions, County governments are required to develop strategies that will ensure that they function effectively. The common practice currently by County Governments is the use of Integrated Development Plans (CIPDs) as guiding documents. CIDPs are intended to ensure that Counties link planning to budgeting and align the needs of electorates, to the available resources. The creation of these strategies involves the County Executive and the County assembly. In this regard, members of County assemblies are intended to be champions and leaders in mobilization and ensuring meaningful public participation at ward levels.

Although the administration of the affairs of County affairs is part of a political process, to achieve the objectives of devolution as laid out under article 174 of the Constitution. County Governments must therefore depoliticize and delink from politics the implementation of legislation, management, and coordination of County administration as provided for under article 183 of the Constitution. This can be done by observing the Constitutional principle of separation of powers and following the legal framework developed for the effective management of County Governments.

Another strategy would be to extinguish through law reforms the symbiotic association that has developed between politics and administration of County Governments to ensure that political players and professionals effectively execute their mandates without overstepping and each is kept in their proper place with legal consequences for usurping authority or power from either arm.

This will help bring about administrative reform which will usher in professionalized County Governments and see the improvement in the quality of services rendered to the people. In doing so, County Governments need to be careful as any adverse or disruptive change to the environment and customs could negatively impact the functioning of Counties which are the level of Government that could provide the immediate necessary intervention to the people.

Article By Christine Ireri, MCIArb

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