An Analysis of the Competencies and Legislative Performance of Members of the County Assemblies in the Devolved System of Governance in Kenya
DOI:
https://doi.org/10.53819/81018102t4382Abstract
The success of the county governments in Kenya is pegged on the quality of legislation by the members of the county assemblies (MCAs). Therefore, the study analyzed the competencies and the legislative performance of the MCAs in Kenya. The specific objectives of the study were to examine the constitutional mandates of the MCAs; analyze the legislative competencies of the MCAs and the challenges they face in executing their legislative mandate; and compare the legislative competencies of Kenyan MCAs with those of Rwanda and South Africa to draw lessons for Kenya. The study adopted the structural functionalism and the critical legal theories and was based on the exploratory research design. The target population comprised of 517 executive members of the 47 counties. Yamane’s formula and the stratified random sampling were adopted to select 100 respondents. The questionnaire and the interview guide were used to collect data which was analyzed using the critical content analysis process. The study concluded that the MCAs had weak capacity to conduct legislative research and utilize evidence for policy formulation which hindered them from performing their legislative functions. Conflict of interests hindered the MCAs from performing their legislative functions. Comparisons from Rwanda and South Africa comparison illustrated a need to promote power sharing and consultation to enhance the legislative performance of the Kenyan MCAs. It is recommended that the national assembly should enact legislations regulating the legislative performance of the MCAs. The IEBC should also ensure that laws governing the election of MCAs are strictly adhered to.
Keywords: Devolved Governance, Legislative Competence, County Assemblies, Legislative Performance, Kenya
References
Books
Anthony Giddens, The Constitution of Society in The Giddens Reader (Philip Cassell MacMillan Press) 88.
Anthony Giddens, The Constitution of Society: Outline of the Theory of Structuration (University of California Press 1984).
Creswell James, Research Design: Qualitative, Quantitative and Mixed Methods Approaches (4th ed, Sage Publications 2014).
D W Brinkerhoff, J M Brinkerhoff and S McNulty, ‘Decentralization and participatory local governance: a decision space analysis and application to Peru’ in G S Cheema and D A Rondinelli (eds), Decentralizing governance: emerging concepts and practices (Brookings Institute Press 2017).
Emanuel Bassett, ‘Urban governance in a devolved Kenya’ in Governing Urban Africa (Palgrave Macmillan 2016) 73-98
George Ritzer, Sociological Theory (McGraw-Hill Education 2012)
Ghai Yash Pal and Cottrell Simpson, ‘The constitutional provisions underlying the citizens’ role under the new constitutional dispensation in Kenya’ (2011).
Joel Barkan, 'Legislatures on the Rise?' in L. Diamond and Marc F. Plattner (eds), Democratization in Africa: Progress and Retreat, Second edition (Baltimore: The John Hopkins University Press, 2010), pp. 33-46
John Urry, Metaphors: Sociology Beyond Societies-Mobilities for the Twenty-First Century (Routledge, 2000).
M Cutrone and N McCarty, ‘Does Bicameralism Matter?’ (Oxford University Press, 2006).
Njuguna Ndung’u (ed), Kenya: Policies for Prosperity (Oxford University Press 2010
Robert F. DeVellis, Inter-Rater Reliability in Encyclopaedia of Social Measurement (2005) 317-322.
Robert King Merton, Social Theory and Social Structure (Free Press, 1968) 75-76.
Robert Merton, Social Theory and Social Structure, revised and enlarged (The Free Press of Glencoe, 1957).
Sande Lwanga, The state of Devolution in Kenya: Statehood and Citizenship in Transition (2016), pp. 3-18.
Talcott Parsons, ‘The Present Status of “Structural-Functional” Theory in Sociology’ in Social Systems and the Evolution of Action Theory (New York: The Free Press, 1975).
Yamane Taro, Statistics: An introductory analysis (Harper and Row 1973).
Journal Articles
Burnes Mccollum, System Governance Following Devolution: Comparing Experiences of Decentralisation in Kenya and Rwanda (2018)
Calvin Ondigi, Challenges facing Devolution in Kenya: A Comparative Study (2016).
D Epstein and S O’Halloran, ‘Delegating powers: A transaction cost politics approach to policy making under separate powers’ (1999).
Donald Harper, ‘Structural Functionalism: Grand Theory or Methodology’ (accessed 15 June 2015).
Duncan M Wagana, Mike A Iravo and Joyce D Nzulwa, Analysis of the Relationship between Devolved Governance, Political Decentralization, and Service Delivery: A Critical Review of Literature (2015) 11(31) European Scientific Journal 457.
Fiegener Hauss, Devolution: Policy Formulation and the Law-Making Process, Retrieved November 12, 2020, from https://www.britannica.com/topic/devolution-government-and-politics
J Hope, KR ‘Devolved Government and Local Governance in Kenya’ (2014) 13 African and Asian Studies 338-358. DOI:10.1163/15692108-12341302
James Boyle, The Politics of Reason: Critical Legal Theory and Local Social Thought', University of Pennsylvania Law Review (April 1985
Jeffrey Steeves, ‘Devolution in Kenya: Derailed or on track?’ (2015) 53 Commonwealth & Comparative Politics 457-474.
KAShepsle and BR Weingast, Positive Theories of Congressional Institutions (1994) Legislative Studies Quarterly.
Kimutai George and Amisi Partick, Good Governance and Service Delivery: A Study of Citizen Participation in Kisumu County’ (2018) Universal Journal of Management 59-69.
O.W. Igwe and Grace O.Akolokwu, ‘The Challenges of Parliaments in Safeguarding the National Development Interest in an Atmosphere Where the Executive Plays a Dominant Role’ (2010).
Ochieng' R, ‘Challenges Facing County Assemblies in Kenya in the Performance of Their Oversight Role’ (2018) 12 International Journal of Current Research 347 https://www.journalijcr.com/issues/challenges-facing-county-assemblies-kenya-performance-their-oversight-role accessed 13 July 2024.
Right Hidayat, Political Devolution: Lessons from a Decentralized Mode of Government in South Africa (2017) SAGE 1-11.
Ronald Hope Kempe, Devolved Government and Local Governance in Kenya (2014) 13 African and Asian Studies 338-358. DOI: 10.1163/15692108-12341302
Working Papers
Ben Sihanya, The Presidency and Public Authority in Kenya’s New Constitutional Order, Working Paper series No. 2 (2011).
Libendi Omogeni Grounding the State: Devolution and Development in Kenya (2019)
Nyanjom Otieno, ‘Devolution in Kenya’s new Constitution’ (Society for International Development, SID Constitution Working Paper No 8, 2011).
Kipchumba Murkomen, Devolution and the health systems in Kenya USAID, Health Policy Project 26-50.
Reports
Brian Kennedy and Lauren Bieniek, Moving forward with constitutional reform in Kenya, A Report of the Centre for Strategic and International Studies (CSIS), Africa Program, Washington, D.C. (2014).
Centre for Parliamentary Studies and Training (CPST), Learning Needs Assessment for County Assemblies in Kenya: Final Report of Findings. 2017. [accessed 13 July 2024] http://www.parliament.go.ke/cpst/assets/pdf/The%20CPST%20LNA%20Report.pdf
Charles Nyachae, Implementing Kenya’s Constitution: Status, Achievements and Challenges (Speech, Frient Roundtable, Berlin, Germany, 12 May 2012).
Commission for the Implementation of the Constitution (CIC), Quarterly Report January-4. March 2011.
Constitution of Kenya Review Commission, ‘The final report of the Constitution of Kenya Review Commission’ (February 2005).
Controller of Budget, Annual County Governments Budget Implementation Review Report (2019/2020) https://cob.go.ke/reports/annual-county-governments-budget-implementation-review-report-2019-2020/ accessed 13 July 2024.
East African Centre of Law & Justice, Supremacy Battle between the Senate and National Assembly (2013) http://eaclj.org/constitution/2 accessed 17 November 2015.
Fiegener Hauss, Devolution: Policy Formulation and the Law-Making Process, Retrieved November 12, 2020, from https://www.britannica.com/topic/devolution-government-and-politics
Institute of Economic Affairs, Challenges Facing County Assemblies in the Implementation of Devolved Government in Kenya (IEA 2015).
Kenya Law Reform Commission, Assessment of Legislative Capacity in County Assemblies (2019) https://klrc.go.ke/reports/assessment-of-legislative-capacity-in-county-assemblies-2019/ accessed 13 July 2024
Office of the Prime Minister, National Handbook for Policy Making in Kenya (2012)
Philip Crowley, Implementation of Kenya’s New Constitution, US Department of State Diplomacy in Action (2011).
Republic of South Africa: Department of Provincial and Local Government, The white paper on Local Government (1998).
World Bank, The World Bank Annual Report 2012: Volume 1
World Bank, World Bank Cautions on Devolution Challenges, 24th October 2012
Constitutions
Constitution of Kenya 2010, art 185(1).
Constitution of Kenya 2010, arts 109, 113.
Constitution of Kenya 2010, arts 207, 220
Constitution of South Africa 1996 (Act 108 of 1996) s 139.
Constitution of South Africa 1996 (Act 108 of 1996) s 151(2).
Constitution of South Africa 1996 (Act 108 of 1996) s 152(1-2).
Constitution of South Africa 1996 (Act 108 of 1996) s 155(6).
Theses
James Ariwomoi, Challenges of Implementing Change at Selected County Assemblies in Kenya (Unpublished Doctoral dissertation, University of Nairobi, Kenya 2013).
Omari Kaburi and Sewe Tom, Change Dilemma: A Case of Structural Adjustment Through Devolution in Kenya (Thesis, Jomo Kenyatta University of Agriculture and Technology, 2016).
