APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA gross enrolment rates in primary schools; high levels of corruption; and lack of interest in participating in policy formulation processes persist. Furthermore, resistance to gender equality still lingers on which can potentially jeopardize the legal achievement of the twothirds gender rule. 3. OVERARCHING ISSUES 2.38 In the process of examining its findings, the CRM discovered that certain issues of a crosscutting nature kept recurring across these specific thematic areas; issues of a general nature and, therefore, requiring broad vision and holistic approach for full and effective consideration. The issues are: • Devolution and Diversity Management for National Unity; • Corruption and the Quest for Transformational Leadership; • Poverty and Inequality; • National Security and Terrorism; and • Gender and the Two-Thirds Rule. 1. Devolution and Diversity Management for National Unity 2.39 It is the consensus that one of the most celebrated innovations in constitutional engineering introduced by the Constitution of Kenya 2010 is its body of provisions for a devolved system of two layers of government, the national and county governments. The two levels of government are distinct and interdependent, and are required to conduct their mutual relations through consultations and co-operation. Under the system, there are forty-seven (47) counties and a national government. As indicated in Chapter Three, the national government is responsible for the provision of goods and services whose benefits are national in scope. Examples are national defence, foreign affairs, international trade, national economic policy and planning, education policy, monetary policy, currency and banking. The functions devolved to the counties are specified in details in the Fourth Schedule of the Constitution. Some of the functions are agriculture, health services, cultural activities and entertainments, trade development and regulation, cultural activities, and pre-primary education and village polytechnics and childcare facilities. The county governments commenced operation in 2013. 2.40 Concomitant with devolution of functions is revenue sharing arrangement to enable each level of government carry out the constitutionally assigned functions. Article 187(2) of the Constitution of Kenya makes it clear that the revenue allocated to the counties should be adequate to carry out the assigned functions. In general, it is known that devolution of functions promotes good governance through participation by various groups, strengthens the civil society, builds social capital, and enhances accountability and probity, and that it is also regarded as an anti-corruption weapon. Economically, devolution permits the design of public policies and programmes (e.g., infrastructure, health and education) to | 41 |

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