Recasting Kenya's Devolved Framework for Intergovernmental Relations: Lessons from South Africa

Abstract

Kenya’s 2010 constitution introduced devolved governance at two levels - national and county. A key constitutional requirement is that both governments, which are functionally distinct and interdependent, are to conduct their inter-governmental relations on the basis of consultation and cooperation. Strikingly, however, Kenya’s Constitution largely lacks specific provisions to reinforce a robust regime for inter-governmental relations. The Inter-governmental Relations Act, 2012, enacted to give effect to the Constitutional provisions, provides a weak framework for consultation and cooperation. It simply regurgitates the descriptive Constitutional provisions on inter-governmental relations and fails to advance better provisions on coordination and management of intergovernmental relations. Specifically, the Act does not guide the management of inter-governmental relations at sectoral level. The arising travesty is an encroachment on and aloofness of the functional distinctiveness of the County Government; especially where national state corporations discharge devolved functions. A travesty particularly evident in Kenya’s agriculture sector where, in the absence of sector-specific intergovernmental relations forum, the national government enacted the Agriculture, Fisheries and Food Authority Act, 2013; a legal framework which establishes a national state corporation that removes devolved functions. Accordingly, taking Kenya’s agriculture sector as an illustrative case, the Chapter investigates how the absence of sector-specific intergovernmental relations forum has led to the national state corporations attempting to play the role of a sectoral intergovernmental forum. A role strongly resisted by county governments who view it as a deliberate effort by national government to undermine their functional prestige, integrity and authority. The Chapter recommends sectoral mechanisms for enhancing inter-governmental relations. Comparison is made to the South African inter-governmental relations act, 2005 which provides a somewhat clear inter-governmental relations forum peculiar to the sectoral assignment of each government level; with definitive roles given to state corporations as the inter-governmental technical support team.