The Council of Governors(CoG) on Saturday, January 7, sent directives to the national government under President William Ruto to amend nine laws.
Speaking during the cabinet retreat, at Fairmont Mt Kenya Safari Club, CoG Chair Anne Waiguru called for the restructuring of the regional development authorities and semi-autonomous government agencies that undertake county government functions.
“We want to propose that each sector that has a con-current function creates an inter-governmental forum to enhance sector collaboration between the two levels of government,” she announced while flanked by other governors.
Among the legislations that the CoG wants to be reviewed include the Co-operative Societies Act, National Health Insurance Fund (NHIF) Act, and Kenya Medical Supplies Authority (KEMSA) Act.
Others include the National Construction Authority Act, Agriculture and Food Authority Act, Tea and Coffee regulations, The Energy Act, Water Act, Environment Management and Coordination (EMCA) Act
Waiguru further called for the alignment of policies, laws, and administrative actions in line with the devolved system of government.
The governors also stressed the need for fast-tracking the process of unbundling, delineation, costing, and transfer of functions to County Governments.
“We also want to reiterate on our call for an increase of the county equitable share of revenue and ensure timely disbursement of funds to Counties as required by law,” Waiguru noted.
The county bosses also called for the establishment of functional alternative dispute resolution mechanisms to mediate intergovernmental disputes like the county functions and boundary disputes.
Waiguru also noted that some of the legislations that the governors are calling for review have created institutions that are undertaking devolved functions.
“Creation of national programmes on devolved functions without the involvement of county governments goes against the spirit of the constitution,” the Kirinyaga governor added.
They further urged the parliament to prioritize consideration of the proposed amendments to the Intergovernmental Relations Act, 2012 to anchor the CoG Secretariat in Law to support intergovernmental relations and to ensure that County Governments are fully supported to undertake their constitutional mandate.
Waiguru further cited three executive orders under the State Corporations Act which established the Kenya National Public Health Institute, National Syndemic Diseases Control Authority, and Kenya Tissue and Transplant Authority also as stifling smooth implementation of devolution.
“These legislations mainly touch on health, agriculture, water, energy, land and urban development, and environment and forestry sector,” she stated at the sidelines of the retreat in Nanyuki.
In conclusion, the governors stated that the laws are in conflict with the Constitution and require review for counties to undertake their mandate effectively.
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