I’ve
thought about even gave it some time to fuse in my mind but I still couldn’t
see a better solution to all crisis present in our government. The absolute
power that cannot be questioned among few individuals, the terrible extent in
corruption, the check and balances in the three pillars of government not
leaving behind lack of transparency in the whole governing system are some of
the few riddles we cannot solve.
Speaking
my mind I see ‘Devolution’ as the only possible and inevitable system to be
employed in our blessed country. Devolution which in other term could be
describe as the simplification of Government into small manageable Governments that are in County levels chaired
by the senator who is a member of the senate assembly. Devolution in a larger
context means the whole breakdown of power into the hands of people themselves,
this means bringing the government closer to people. One of the well devolved
governments of all times is the structure of the United States of America and
currently Kenya empowering the new constitution gave room for a devolved
Government made up by forty seven counties.
One
of the key advantages of this system is that people could be able to divide and
utilize the resources we have. The residents of a resourceful area will be
first to receive fruits of their work in preserving the resources. For instance
the community around a resourceful like a lake or mountain and valleys should
be benefiting by having a given projects to develop the people of that area or
using effectively the advantages of the resource either in fishing,
agriculture, tourism or any other commercial activity that we’ll add income to
the local people of the area thus fostering development. According to the Kenya
constitution 2010, cap 11, article 174 there establishes the Objects of
Devolution that are:-
- To promote democratic and accountable exercise of power
- Fostering National unity by recognizing diversity
- Giving power of self-governance to people and enhance the participation of the people in the exercise of the powers of state
- To ensure equitable sharing of national and local resources
- To facilitate the decentralization of states organs, their functions and services from the capital
- To promote social and economic development
Counties
having given power as governments thus County governments will have power to
form laws that are different to other counties as long as they are not
inconsistent with the supreme law, The Constitution. This will empower County
governments through making better laws and policies that will make one county
develop highly that other county depending on the resources availability for I
see it unfair a place enriched with minerals, water bodies and every kind of
natural resource be the least to develop, even its residents are in deep
poverty that cannot be described by a whole written book. In the 2010 Kenya
constitution, article 185(4) says that the county assembly may receive and
approve plans and policies for:-
- The management and exploitation of the county’s resources and
- The development and management of its infrastructure and institutions.
This will restrain some few individuals who
are hungry to take what is left for us and what is for the betterment of all
the community.
One
of the likely defects that one may point out in this system of devolution is in
the case of boundaries of the counties. In case of a conflict regarding the
boundaries of the counties I do suggest that an independent commission to be
formed for that purpose as Article 188(1) of the same says that county’s
boundaries matter must only be resolved by an Independent Commission set up for
that purpose by the parliament and passed by the national assembly and the
senate with not less than two third (2/3) of all members in each house.
I
am very optimistic about a greater change, a change that will put Tanzania my
blessed Country in the economic map of the World by being one of the developed
countries in Africa and the world at large, but all hopes I have will not be
achieved if a move will not been made from this day, this moment and this time
so as to have a fruitful future
By Oscar O. Mutaitina,
LL.B student at The Catholic University of Eastern Africa
