power to influence, they have the most due to their close proximity to the electorate at the ward level – the lowest electoral unit in Kenya. MCAs exercise legislative, oversight and representation roles at the county level – roles similar to those of parliament at the national level. They also vet and approve nominees for appointment to county public service and approve county development planning. MCAs are the least paid of all government actors discussed here and various reports from independent commissions have cited rampant misuse of public resources by country assemblies, thus triggering calls to tame them by a number of bodies including the Commission on Revenue Allocation (CRA), Controller of Budget (CoB), and Salaries and Remuneration Commission (SRC). The greatest arsenal in the possession of MCAs in fiscal relations is what is commonly referred to in Kenya as ‘tyranny of numbers’ – a term which simply refers to having more manpower than your opponents.5 Independent commissions Independent actors have a minimal role in influencing spending decisions at the county level. An exception is the CRA’s role in recommending to the Senate the share of resources divided between the national and the county governments, and among the counties. For the most part, the independence and neutrality of F i s c a l r e l a t i o n s i n K e n y a ’s d e v o l v e d s y s t em o f g o v e r n a n c e reports from these commissions attract the attention of various actors, including MPs, senators, governors and MCAs, to demand accountability on how devolved resources are utilised. In line with the famous dictum ‘where you stand depends on where you sit’, reports by various independent commissions are read and interpreted differently by various actors. For instance, when governors are asked to account for how resources have been spent, the question ‘to whom are governors accountable?’ is seldom asked. Both senators and MCAs answer this question with ‘to us’, although it is argued in this article that the constitution bestows this role to the latter. Intergovernmental fiscal relations in Kenya, therefore, are shaped and influenced largely by the above five different actors who, as we have seen, enjoy different types of resources and powers as summarised in Figure 3. The nature of interactions among these actors is often conflictual but also co-operative when need arises. Although the relationship between governors and MCAs in most counties is antagonistic, the combined onslaught and encroachment on the executive and legislative turf of the county governments, by both senators and MPs over spending decisions of devolved resources, has compelled the two to co-operate to ensure that adequate resources are allocated to counties for devolved functions. Commonwealth Governance Handbook 2014/15 61 Figure 3: Actors’ powers to influence fiscal relations in Kenya Actor President Governor Member of parliament Senator Member of county assembly Independent bodies Electoral unit Directly elected nationally Directly elected countywide Constituency (parliamentary jurisdiction) Directly elected countywide Ward – lowest electoral unit Independent constitutional bodies – serve both national and county governments Power • Assents national bills into law • Legislative veto powers • Overall in charge of national bureaucracy and resources • Overall in charge of budget formulation and execution in the national government • Assents county bills into law • Legislative veto powers • Overall in charge of county resources and bureaucracy • Overall in charge of county budget formulation and execution • Legislative power at national level • Access to Constituency Development Fund (CDF) • Veto powers over budget allocations of national government ministries and agencies • Legislative powers at county level • Control of matters between counties and national government • No powers over budget allocations at either level of government • Legislative powers at county level • Access to the ward development fund (WDF) in some counties • Access to county government • ‘Tyranny of numbers’ and proximity to voters • Powers to impeach governors and key officials in county government • Veto powers over county government budget allocations • Constitutional immunity • Perceived neutrality based on expertise • Access to information • Access to national stage through quarterly and annual reports Employer National government County government National government National government County government National government but independently managed Source: Adapted from GoK, 2010 and various sections of different legislation
CEP template 2012
To see the actual publication please follow the link above