Tuesday, September 19, 2017
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Audit of National and County policy and legislation

legalThe Council of Governors, Kenya Law Reform Commission (KLRC) with the support of USAID-AHADI are spearheading an audit and review of all National and County Government legislation with a view to identifying policy, legal and implementation challenges.

The process will be followed by review, rationalization or harmonization to ensure conformity with the Constitution and the devolved system of governance.

The audit focuses on twelve thematic areas that are in line with the devolved functions. They are Public Finance Management; Agriculture; Health Services; Cultural activities and public entertainment; Transport, infrastructure and public works; Trade and investment; Land, Housing and Physical Planning; Education; Disaster management; Natural Resource Management- water, forestry and mining; Public Participation and civic education; and Energy.

The six months long review is aimed at ensuring that all County policy and legislation are compliant with the Constitution, examine the extent National policy and legislation conform to the devolved system of governance; and identify the gaps and challenges and propose remedies available for harmonization and alignment of the legislation in the two levels of Government.

In 2015, the Council of Governors (COG) in collaboration with the United Nations Development Programme developed a legislative Baseline Report whose main objective was to consider the various policy and legislative proposals under the respective sectors with a view of identifying gaps and proposing appropriate legislative, policy and administrative interventions.

In an almost similar project, KLRC had commissioned an audit and review of all Laws of Kenya in order to ensure their conformity with the Constitution and specifically with the new devolved system set out in the Constitution in 2014.

Reports from the two organizations revealed that many national laws, policies and institutions that had been passed and established before the promulgation of the

Constitution 2010 and do not follow the letter and Spirit of the Constitution, and specifically, are not aligned to the devolved system of government.

The audit in its first phase shall review and audit national legislation and phase two shall focus on the review and audit of County Legislation. The audit of County legislation shall be done through sampling of ten Counties per sector.

At completion of the project the consultants will develop a report complete with recommendations for the technical committee in charge of the project. The technical committee comprises of representation of CoG, KLRC, USAID-AHADI and the Ministry of Devolution and Planning who shall also oversee and supervise the project. The report shall also be shared with the Senate, National Assembly and County Assemblies for adoption.

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