In 2011, Kenya implemented the Urban Areas and Cities Act (UACA) to decentralize power from the national government to urban areas. The law aimed to bring services closer to the people, but its implementation has been hindered by governors' refusal to transfer functions to municipalities. As a result, municipalities such as Kehancha, Engineer, Awendo, and Migori are struggling to deliver essential services to their residents. A visit to any of these municipalities reveals a similar story of underdevelopment and lack of resources.
The Urban Areas and Cities Act, as amended in 2019, clearly outlines the functions that county governments should transfer to municipalities. These functions include physical planning and development control, solid waste management, maintenance of municipal roads, storm water and street lighting, and management of markets, bus parks, and public amenities. Additionally, the law requires county governments to employ staff and allocate a budget to municipalities. However, most governors have failed to implement these provisions, leaving municipalities without the necessary resources to deliver services.
The reluctance of governors to transfer functions to municipalities can be attributed to economic and fiscal control factors. Municipalities are responsible for generating their own revenue, which accounts for a significant percentage of county governments' Own Source Revenue (OSR). For instance, Kehancha and Migori Municipality in Migori County account for over 70% of market fees, matatu park fees, building plan approvals, parking fees, and advertisement fees. By transferring functions to municipalities, governors would be ceding control over these revenue streams.
The transfer of functions to municipalities would also mean that municipal boards would become procuring entities, with the power to decide which contractors are awarded tenders. This shift in power would reduce the influence of county executives and potentially create alternative centers of power. Governors are hesitant to relinquish control over procurement patronage, which is a significant source of political influence. As a result, municipalities are left chartered but not empowered, existing in law but not in budget.
The lack of empowerment has severe consequences for urban development. Without a development control function, municipal boards cannot regulate construction, leading to unplanned growth and congestion in towns. Buildings are being constructed on road reserves and riparian land, and storey buildings are being approved without parking facilities. Physical planning staff remain at county headquarters, often serving as agents of chief officers in corrupt activities.
The absence of essential staff and resources in municipalities has resulted in inadequate service delivery. For example, solid waste management has not been fully transferred, leaving municipalities without trucks, drivers, or dumpsites. Traders in municipal markets are often left to dispose of their garbage without a reliable collection system. Despite yearly municipal budgeting, the purchase of utility vehicles and equipment remains a challenge.
The situation in Kenyan municipalities highlights the need for governors to adhere to the Urban Areas and Cities Act and transfer functions to municipalities. This would enable municipalities to plan and deliver essential services, creating attractive and sustainable urban areas. The implementation of the law would also promote accountability and transparency in governance, reducing the risk of corruption and promoting economic growth.
Key points
- Kenyan governors' refusal to transfer functions to municipalities is hindering urban development and growth.
- The Urban Areas and Cities Act of 2011 aims to decentralize power from the national government to urban areas.
- Municipalities are struggling to deliver essential services due to lack of resources and staff.
