Nairobi — The Provincial administration will be disbanded if the proposed draft law is adopted in its current state. Consequently, Provincial Commissioners, District Commissioners, District Officers and chiefs will be required to report at the Public Service Commission for re-deployment.
Unlike currently where power is exercised at the central government level, the draft law provides for the transfer of this power through a three-tier system; national, regional and county.
The boundaries of a county shall correspond to the name of a district in place as at March 15, 2004. This ignores all the other districts created after this period. Chiefs, their assistants and village elders may, however, continue as such under the county governments.
Chairman of the Law Society of Kenya Okong'o O'Mogeni has welcomed the idea saying this will ensure that formulation of policies relating to veterinary services, air pollution, liquor licensing are done at the local level.
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"The counties will now be required to set out their own structures and even address issues to do with transport and traffic," said Mr O'Mogeni. Should the draft become law, Kenyans will then be treated to an entirely new government structure.
It is in chapter 14 that the structure of a devolved government, its objectives and principles and the presence of regional government and regional assemblies are described in detail.
Objectives of devolution spelt out in the draft law include enhancing democratic and accountable exercise of sovereign power; fostering national unity by recognising diversity; giving powers of self-governance to people at all levels and ensuring people are involved in exercising the powers of the State.
Devolution would also protect and promote the interests and rights of minorities and marginalised groups at all levels. The devolved governments established by this constitution shall be based on democratic principles and the separation of powers. They shall also have reliable sources of revenue and autonomy to govern and deliver services effectively.
The taxation and other revenue-raising powers of the national government and devolved governments shall not be exercised in a way that prejudices national economic policies, economic activities across regional boundaries or the national mobility of goods, services, capital or labour.
Similarly, the draft says, when two or more governments have taxation or other revenue-raising powers and functions with regard to the same subject-matter, an appropriate division of those powers and functions shall be determined by legislation.
The National Revenue Authority, responsible for the collection of revenue for the national government except is to be established. There shall, also, be a Commission on Revenue Allocation whose principal function is to determine the basis for the sharing of revenue from national resources.
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