Analysis Of Legal And Developmental Implications Of The County System Of Governance In Kenya

Kenya is in urgent need of a more intense shift towards a focus on development. No one is more aware of this need than the citizens as was discerned from the county visit submissions done by the task Force on Devolved Government and published in their draft report. They made it clear that the mission for the counties would and should be that of achieving positive development outcomes for the citizens. Some of these outcomes included job creation, harnessing local potential, integrating the counties with the nation, amongst others. It is on this basis that the counties will be premised. On the foundations of developmental devolved government committed to incorporating citizen participation to determine inclusive and sustainable mechanisms for growing county competitiveness, building and maintaining quality places, promoting inclusive growth and generally managing counties for prosperity. The prosperity of the new counties and therefore that of the Kenyan people, individually and as a whole is dependent on enhancing access to opporunity to all citizens while ensuring adequate environmental protection. As the nation struggle to attain and maintain economic competitiveness, the constraining effect of administrative boundaries becomes a matter of concern.

The ability of the new counties to create wealth and enhance welfare outcomes of their citizens will depend on how well they are able to leverage the endowments, natural and otherwise, with in the national, regional, and global operating contexts. Attracting the jobs that improve welfare for citizens will not be achieved through lone ranger efforts. 

Given the diverse developmental conditions in the country, it will be critical, and in adherence to the need to build a more equal society the funding mechanisms and instruments should not only ensure a predictable and sustained flow of funds to counties, they should also ensure that county governments are actively directed to ensure that revenue due is collected. The foundations of the Constitution are to ensure effective citizen participation in facets of governance, to which the county governments must respond.