MAAD: How to end power struggles, strengthen county governance

While this system has potential, it has faced significant challenges, including power struggles between governors and their deputies, conflicts with county assemblies, and issues of resource allocation and governance efficiency.

Addressing these issues is crucial to enhance the effectiveness of devolution and ensure smooth county operations.

One major issue in Kenya’s devolved governance is the power struggle between governors and deputy governors.

Many deputies find themselves sidelined, leading to conflicts and inefficiencies. Governors often centralise power, marginalising their executive teams and leaving deputy governors with limited roles.

For instance, in Makueni county, tensions between Governor Kivutha Kibwana and Deputy Governor Adelina Mwau highlighted the dysfunction caused by unclear roles and responsibilities.

This centralisation of power can also lead to the victimisation of county officials aligned with the deputy governor, disrupting governance and service delivery.

Reforming the roles and responsibilities of deputy governors is essential. Assigning specific assignments to DGs to support the governor could ensure they have meaningful roles and reduce conflicts.

This approach would foster collaboration and enhance county administration.

Conflicts between governors and assemblies also pose significant challenges.

Disagreements over budgets and policy decisions can paralyse county operations. The Meru county case exemplifies how such conflicts can disrupt governance.

Disputes between Governor Kawira Mwangaza and the Assembly led to a stand-off that affected development projects and service delivery.

Establishing formal frameworks for consultation and negotiation between governors and assemblies is crucial.

Regular joint meetings and mediation processes can help resolve disputes, while training county Assemblies on governance and budget oversight can improve collaboration and prevent deadlocks.

Resource allocation within subcounties often suffers from disparities due to unchecked powers held by governors.

Centralising decision-making in the governor’s office can lead to unequal distribution of resources, favouring certain areas and neglecting others.

For example, some regions may receive higher allocations based on political influence rather than need. This practice undermines the principles of equitable development and affects overall county progress.

Due to gaps in devolution laws, some counties are run, in effect, only by the governor and chief officer of Finance, rendering other officials idle and disrupting policy implementation.

Establishing an independent oversight body under the Commission on Revenue Allocation to monitor resource distribution can address this problem.

This body could ensure resources are allocated based on objective criteria and the needs of subcounties, promoting fairness and adherence to County Integrated Development Plans.

Standardising county meeting procedures can also improve governance. Currently, governors often have undue influence over county Executive cabinet meetings, leading to biased decision-making and ungodly commitments that are non-compliant with the approved budgets.

Implementing standardised procedures, including rules for decision-making, voting, and dispute resolution, can ensure transparency and fairness.

Legal frameworks to clip the excessive powers of meeting chairpersons and promote democratic processes are essential for balanced decision-making.

Strengthening alternative dispute resolution mechanisms involving traditional community structures is another key area for improving devolution.

The Meru county dispute, which saw multiple Senate interventions and a controversial impeachment process, illustrates the need for effective local dispute resolution.

Incorporating traditional mechanisms and community elders into the resolution process can provide culturally relevant solutions and prevent conflicts from escalating to higher levels of government.

Public participation is vital for effective governance. Translating major documents into local languages can facilitate better community involvement in decision-making.

Ensuring that communities understand and engage in governance will align officials' actions with public expectations and reduce conflicts.

To support effective devolution, Kenya should establish an Independent Devolution Capacity Strengthening Commission. This commission would provide guidance on best practices, oversee training for county officials, and mediate conflicts.

The Kenya Devolution Support Programme, funded by the World Bank, has already made significant strides in strengthening county capacities in financial and governance disciplines.

Building on this success, the Independent Devolution Capacity Strengthening Commission could leverage similar support mechanisms to enhance its effectiveness and ensure continued progress in county governance.

Furthermore, there’s the issue of former governors-turned-senators holding powerful committee positions, which can lead to conflicts of interest and influence over county matters.

Therefore, it is crucial to amend the Senate Standing Orders. Specifically, senators who have previously served as governors should be barred from holding any powerful committee positions for 10 years after their term as governor.

This measure would help ensure these former governors do not use their positions to influence or interfere with county governance and Senate oversight authority. This move would promote fairness and reduce potential conflicts of interest.

In conclusion, Kenya's devolution system holds great promise but requires significant reforms to address power struggles, conflicts, and inefficiencies.

Kenya can enhance devolved governance by improving collaboration between governors and assemblies, standardising meeting procedures, ensuring equitable resource distribution, strengthening alternative dispute resolution mechanisms, and promoting public participation.

These reforms will help reduce conflicts and improve county operations, ensuring that devolution delivers on its promise of better governance and development for all Kenyans.

Management consultant and governance specialist, [email protected]