Abstract

In 2010 the Government of Kenya promulgated a new Constitution, articulating a devolved-system of Government entailing a National Government and County Governments. As a key pillar to the constitution of Kenya, devolution seeks to bring governance closer to the people. Kenyans are therefore looking at the county governments to derive the required change in the country. However, fundamental challenges have continued to dog the Counties including irregular or delayed disbursement of devolved funds from the national Exchequer; low revenue collection levels from local sources; weak and uncoordinated planning and execution among others. This has led to several stalled projects; indebtedness to suppliers; inadequate capacity at the county level to effectively and efficiently perform the devolved functions; inadequate financial resources among others. Although there are opportunities for Foreign Direct Investment and capital inflow; Public-Private Partnerships; Grants; Exchange programs; and wider markets for the local products, that the Counties need to explore and pursue, most of them are not in a position to sustain themselves. The purpose of this paper is to review the Institutional and Legal frameworks as provided by the Constitution of Kenya using the business sustainability model of the seven Ps (i.e. Preparation, People, Processes, Preservation, Place, Product and Production). It is hoped that the paper will form a conceptual framework to inform future county Government’s strategic decisions in order to utilize grants from development partners for the improvement of their citizens welfare. Further the paper will inform policy makers and development partners on fundamental areas that may need to be looked at in order to ensure effective utilization of available resources.

Highlights

  • On 27th August 2010 a new constitution was promulgated in Kenya that would change the governance landscape

  • The purpose was to encourage a bottom-up approach of participation in development as opposed to the traditional top-down approach of governance which had led to the marginalization of some regions in terms of development

  • Over ten years since promulgation of the new constitution, a good number of Kenyans are still not aware of the functions of the national and county governments. This has led to criticism for not receiving the expected services despite the fact that there is the separation of powers and allocation of functions between the National Government and the County Government

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Summary

Introduction

On 27th August 2010 a new constitution was promulgated in Kenya that would change the governance landscape It stipulated the dissemination of both the political and economic resources from a centralized system of governance to the people in the grassroots. This process was called devolution and it provided a clear administrative framework between the National and County. Over ten years since promulgation of the new constitution, a good number of Kenyans are still not aware of the functions of the national and county governments This has led to criticism for not receiving the expected services despite the fact that there is the separation of powers and allocation of functions between the National Government and the County Government. This has led the County Governments feel getting the short end of the stick

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