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 |