Tuesday, March 15, 2011

Have your say - put disability on the devolved government agenda

The government wants your views on what devolved government should look like. A task force is asking what you think about a range of issues, including:
 how the government should communicate with you
 how you could be encouraged to participate
 how government should be made accountable
how marginalised groups should be protected
These are all key questions for the disability sector, so this is a great opportunity to make sure that devolved government's structures bring to life some of the gains persons with disabilites have made in the constitution.
So look at the questions below and tell us what you think about any of them. ANDY has attended public meetings to lobby on behalf of persons with disabilites, asking for - among other things - better communications in formats we can understand, meetings in disability-friendly public buildings, better access to education, and to make sure persons with disabilites are represented at all levels of govenment. We are now writing a report to give to the task force which will contain the views of persons with a range of disabilities and the organisations which represent them.
So all persons with disabilities should either come into our offices or email info@andy.or.ke with your comments by Thursday 24 March, which will give us enough time to write the report to submit by 31 March.
We also want to hear from Disabled Persons Organisations, and in particular the results of any beneficiary focus groups you can hold or that we can attend.
Here is the government task force's press release on the issue, which includes all the questions:

TASK FORCE ON DEVOLVED GOVERNMENT
PRESS STATEMENT ON COUNTY CONSULTATIONS


Pursuant to the New Constitutional requirements on Devolution and governance, the Deputy Prime Minister and Minister for Local Government established the Task Force on Devolved Government on the 22nd October 2010 through Gazette Notice 12876 dated 25th October 2010. The purpose of the Task Force is to help think through the implementation of the devolution process and advise the government on policy and legal frameworks of devolving power, resources and responsibilities to the people of Kenya for effective local development. 

The Terms of Reference of the Task Force are inter alia to “with reference to specific provisions of constitution, collect and collate public views on how implementation of the devolved government should be structured”.   

 In view of the aforesaid Terms of Reference the Task Force will be visiting all the counties and these are the issues we are going to raise:-

Issue 1:           Cooperative Government, Inter-Governmental Relations and Levels of Governance
1.         What actions are needed to facilitate cooperation and consultation between County governments and between County governments and the National Government?
2.         What actions are needed to facilitate the undertaking of joint functions between County governments and between County governments and the National Government?
3.         How should the County government cooperate with National Government Ministries, Parliament, the Judiciary, and the Commission for Revenue Allocation and other Constitutional Commissions?
4.         What actions are needed to facilitate linkages and consultation between a county government and its senator?
5.         What considerations should be taken into account in establishing cities and urban areas in counties?
6.         How should cities and urban centers be governed?
7.         How will cities, urban areas and municipalities relate with county and national governments?
8.         What other decentralized units will be necessary in County governments and why?
9.         How should conflicts between County governments be addressed?

Issue 2: Functions of and Service Delivery by County Governments
1.         What conditions must be in place in a county before a function is transferred to it?
2.         How should these functions be exercised and services provided by the county governments and by whom?
3.         What are the key factors that should be considered in planning within counties?
4.         How should the county public service be structured, staffed and managed?
5.         What type of capacity and skills will be required for effective service delivery at the county government level?
6.         How do you want national government functions exercised and services provided at county level?
7.         What do you think should be the role of the Provincial Administration in the counties?
8.         How would you like the provincial administration to be restructured to play its roles?
9.         How should organisations providing cross-border services (for example water services boards) be managed?
10.     How should a county government manage services being implemented on its behalf by quasi government bodies or lower county structures?
11.     When should functions of the national government be transferred to county government and vice versa?

Issue 3: Financial Resources and Management in County Governments
1.         What should be the basis for any allocation of funds and grants to county governments?
2.         How should conditional and unconditional grants be applied to promote the objects of public finance and achieve the goals of national development?
3.         How should current devolved funds (such as CDF, LATF, Road Maintenance Levy Fund (RMLF), Youth Enterprise Fund, Women Enterprise Fund, Bursary Funds, etc) be managed in the context of County Governments?
4.         What criteria should be used to allocate the resources from the Equalization Fund within a county?
5.         What controls and safeguards should be put in place to prevent misuse and inappropriate application of funds at the county level?
6.         What other taxes should a county government be allowed to raise?
7.         What should be the criteria and requirements for the approval of loans and loan guarantees to county governments?
8.         What sanctions should be applied to county governments for abuse and/or default in the repayment of loans?
9.         Under what conditions/circumstances can national government intervene?
10.     What procedures and practices should county governments apply to ensure sound budgeting and financial management?

Issue 4: Political Governance, Leadership, Accountability and Integrity in County Governments
1.      What should be the qualifications, leadership qualities, and experience of the governor, senator, county assembly members and county executive members?
2.      What should be the procedures for appointment and approval and removal of the county executive committee?
3.      What should be the procedure for election of the County Speaker?
4.      What kind of electoral processes will enhance political competition and choice at County level?
5.      What should be the size and population of each ward in a county?
6.      What should be the procedures for developing party lists for proportional representation?
7.      How should the performance of the governor, deputy governor, senator, assembly speaker, assembly members, and executive committee be assessed and enforced?
8.      How should a county be governed during suspension of the county government by the national government?
9.      What transition procedures and institutions, if any, should there be to ensure continuity of county government?

Issue 5:   Public Participation and Oversight and Protection of Minorities and Marginalized Groups.
1.        What criteria should be used to determine minorities and marginalized communities in counties?
2.        How can minorities and marginalized groups in counties be protected?
3.        What procedures should be put in place to ensure public participation and influence in county governments’ affairs?
4.        What kind of oversight measures and checks should the public have to ensure performance and accountability by the county government?
5.        What information and communication methods are required for the public to effectively participate in devolved governance?
6.        How should members of the public receive feedback from the county governments?
7.        How can Information Communication Technology (ICT) be utilized to promote good governance and accountability in counties?

Memoranda and written views can be submitted to the Task Force office located at;
·        Bima House, 12th floor,
Harambee Avenue
P.O. Box 30004-00100
NAIROBI

·        Memoranda can also be submitted via email through; devolvedgovt@gmail.com,
Contact Persons
Pauline Muriithia, Joint Secretary                       -           0722407514
Anthony Ombwayo, Joint Secretary                  -           0723125617
Angeline Hongo, Joint Secretary                       -           0722759769

Mutakha Kangu,
CHAIRMAN, TASK FORCE ON DEVOLVED GOVERNMENT.


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