County Assemblies and Local Development in Kenya: the Role of Legislation in Selected County Assemblies

Abstract

Whereas numerous studies have been conducted on European constitutional institutions like legislatures, literature on African legislatures remain scarce. This study makes a contribution by examining the factors that influence the legislative function carried out by the County Assemblies and how these legislations feed into local development. Specifically, the study assesses the characteristics of the legislations passed by the County Assemblies; how the legislations passed by the County Assemblies feed into local development; and finally, the challenges that County Assemblies face in their legislative mandate and how the Assemblies address the challenges. The study utilised primary data collected across 22 Counties in 2017 under the Agile and Harmonized Assistance for Devolved Institutions (AHADI) programme. Deploying a cross-sectional design, the primary study collected both qualitative and quantitative data using semi structured questionnaires. This study narrows down to three counties; Nairobi, Kakamega and Bomet. The study does not make any comparisons between the three counties. The AHADI data is further complemented by a review of secondary evidence from the County Assembly Bill Trackers, County Integrated Development Plans (CIDPs) and Annual Development Plans (ADPs) of the three Counties and data from Kenya Law. The results show that the County Assemblies still remain weak in relations to passage of bills, policies and laws. In sectors where legislations have been passed by the County Assemblies, there is increased efficiency in delivery of services and improved development outcomes at the local level. The functions that have been devolved as outlined in the Fourth Schedule of the Constitution of Kenya 2010 are not all supported by legislations in the respective counties. Data shows that the sectors with most legislation across the three counties are ECD, Health, and Agriculture while the devolved sectors with the least number of legislations across the three counties are Energy and Gender Equality. Structural challenges exist especially in the Offices of the Speaker, Clerk and the Legislative Committees which play a vital role in the legislative process. From the findings, there is thus need to build capacity of the MCAs, improve on infrastructure of the County Assemblies and ensure systems of checks and balances between the legislative arm and the executives arm of the county governments for enhanced local level development.