Governors want the review of nine laws and executive orders
Governors want the review of nine laws and executive orders which they say are a clawback on devolution.
The county bosses said the laws are in conflict with the Constitution and require review for counties to undertake their mandate effectively.
The legislation includes the Co-operative Societies Act, National Health Insurance Fund (NHIF) Act, Kenya Medical Supplies Authority (KEMSA) Act, National Construction Authority Act, Agriculture And Food Authority Act, Tea and Coffee regulations, The Energy Act, Water Act, Environment Management and Coordination (EMCA) Act.
Council of Governors (CoG) Chair Anne Waiguru also cited three executive orders under the State Corporations Act which established the Kenya National Public Health Institute, National Syndemic Diseases Control Authority, Kenya Tissue, and Transplant Authority also as stifling smooth implementation of devolution.
“These legislations mainly touch on health, agriculture, water, energy, land and urban development and environment and forestry sector,” she said during a retreat of top government officials in Nanyuki.
The governors further called for the restructuring of the Regional Development Authorities and semi-autonomous government agencies that undertake county government functions.
“We also want to propose that each sector that has a con-current function to create an inter-governmental forum to enhance sector collaboration between the two levels of government,” Waiguru said.
She said some of the legislation have created institutions that are undertaking devolved functions.
“Creation of national programs on devolved functions without the involvement of county governments goes against the spirit of the constitution.”
Waiguru clarified that counties are not in conflict with the national government and have opened doors for consultation.
“There is a clear delineation of the roles of both levels of governments and all the parties should stick to the law,” she said.
The governors called for the alignment of policies, laws and administrative actions in line with the devolved system of Government.
They further stressed on the need for fast-tracking the process of unbundling, delineation, costing and transfer of functions to County Governments.
“We also want to reiterate on our call for an increase of the County equitable share of revenue and ensure timely disbursement of funds to Counties as required by law,” the governor said.
The governors also called for the establishment of functional alternative dispute resolution mechanisms to mediate intergovernmental disputes like the county functions and boundary disputes.
They urged parliament to prioritize consideration of the proposed amendments to the Intergovernmental Relations Act, 2012 to anchor the CoG Secretariat in Law in order, to support intergovernmental relations and to ensure that County Governments are fully supported to undertake their constitutional mandate.
