APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA
of the 2006 CRR and also reflected lessons learned from the post-election crises of 20072008. It altered the governance structure of Kenya by creating a two-tier government
- a national government and 47 county governments – and generally strengthened the
institutional and legal bases for a more inclusive version of constitutional democracy and
the rule of law driven by constitutionally guaranteed public participation in politics and
policy.
3.3.2
Findings of the Review Mission (CRM)
3.3.2.1 Progress made since 2006 Review
78.
80.
Details of most of the findings contained in the CSAR were confirmed by the CRM. For
instance, field consultations across the 47 Counties reflected widely held view that the
2010 Constitution is one of the best things to have happened in Kenya, as well as one of
the best constitutions anywhere in the estimation of Kenyans. These assessments were
traced to the beneficial impact of the Constitution on different aspects of constitutional
governance and rule of law, including:
•
Introduction of devolution to the governance architecture of Kenya, and the subsequent
transfer of functions and resources to the newly created Counties at the local level;
•
The emphasis in the constitution on political participation of the citizenry in the
governance of their lives and communities;
•
Special provisions to address the political and socio-economic status of citizens who
have traditionally suffered marginalization on grounds on gender, disabilities or age;
•
The strengthening and creation of institutions of policy, oversight, enforcement,
representation, recruitment, regulation, and accountability; and
•
Laying down a strong platform for meaningful national rebirth across ethnicities and
regional divisions.
Chapter 11 of the Constitution makes extensive provisions for devolution and County
Government in its eight parts while the Fourth Schedule of the Constitution allocates 35
functions and powers to the national government and 14 functions and powers to county
governments. Figure 2 below provides a picture of the governance structure of an average
county in the context of national administration. On the other hand, elements of fiscal
devolution for the first half of Fiscal Year 2015/2016 (July to December) as published in
March 2016 by the Office of the Controller of Budget provide analysis of local revenues
of the counties as a proportion of annual revenue target as well as those on absolute
local revenue collections. Thus, analysis of local revenue as a proportion of annual revenue
targets for the period indicates that Laikipa County attained the highest proportion at
46.2% followed by Homa Bay (45.9%), and Nandi (43.4%) Counties respectively. On the
other hand, counties with the lowest proportion of local revenue against annual targets
were Nyamira County (10.9%), Tana River County (9.11%) and Garrisa (9.12%). Nairobi City
understandably posted the highest absolute local revenue collections of KShs, 4.97 billion
while Tana posted the lowest of KShs. 10.93 million.
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