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PUBLIC PARTICIPATION / RESIDENTS ASSOCIATIONSFOR SERVICE DELIVERY BY LOCAL AUTHORITIES IN KENYAJOYCE NYAMBURA
Association of Local Government Authorities of Kenya
INTRODUCTIONKenya is in East Africa, and she became independent in 1963. Nairobi the country’s capital city but there are other major cities are Mombasa and Kisumu. Kenya’s neighbours are Ethiopia in the north, Tanzania in the south, Somalia in the east and Uganda in the west. The population of Kenya is about 32 million, and there is universal adult suffrage at 18. Local Government system in Kenya The Local Government system has existed since early 1900, when Kenya was still a British colony. The system mainly comprises the Ministry of Local Government and Local Authorities. There are 175 local authorities in Kenya, which are categorised as follows:
The Local Government Act, Chapter 265 of the Laws of Kenya, which was enacted in 1977 and is still in use, guides the mandate, management and operations of local authorities in Kenya. Structure of local authorities The Local Government in Kenya is still centralised, and the law does not provide for public participation, either to citizens or resident associations. The Central Government, under Kenya’s Local Government Act, delegates legal and administrative powers to local authorities. The Ministry of Local Government also guides most operations in local authorities including how service delivery to citizens should be delivered. In the local authorities, which are also referred to as councils, is that civic heads (mayors in cities and municipalities and chairpersons in county and town councils) and councillors are the policy makers. Their respective town clerks and clerks to councils are the chief executives. Councillors elect mayors and chairpersons after the general elections. It is during that time that committee chairpersons are also elected. Mid-term elections for mayors and chairpersons within the councils are held every two years, but the full term is five years. There are various departments and sections that fall under the office of the Chief Executive Officer. Their heads assist the town clerks in implementing issues that are deliberated on by different committees of the council. Deliberations from the committees, which work with their relevant departments, are further discussed and endorsed at full council meetings. BACKGROUND TO PUBLIC PARTICIPATION IN KENYA’S LOCAL GOVERNMENT With globalisation and such other factors as urbanization, there is a lot of pressure from citizens for local authorities to deliver services faster and better than ever before. Local authorities are responsible for delivery of such crucial services as water and sanitation, construction and maintenance of roads, primary education, basic health, markets, abattoirs, fire protection, street cleaning and lighting, waste management and cemeteries. The services are important with regard to local and national economic development, and they pave way for investment and employment opportunities. Unlike in Asia or Latin America, public engagement in Kenya has only recently started gaining ground. Civil society organisations have been instrumental in the promotion of public participation in service delivery. The advocacy approach by the non-state actors has led the government to start appreciating public engagement, and for the last decade or so respective strategies have been developed. At the Local Government level, although in Kenya there is not yet a decentralisation policy, the Government is keeping pace with the international trends towards democratisation and decentralisation. That has been accelerated by the introduction of multi-party politics, which has greatly contributed to freedom of expression and assembly especially on issues of non-delivery of services by local authorities. The Government has consequently facilitated some reforms in order to prepare local authorities to enhance effective service delivery to their residents. Some of these include: Economic Recovery Strategy for Wealth and Employment Creation, 2003 - 2007 The initiative, which was embarked upon when a new government came power in 2002, is aimed at reviving Kenya’s economy for renewed growth. The importance of local government reforms in the attainment of that is highly emphasised. Some of the priority areas of focus in the strategy are outlined as: 1. Rationalisation of central-local financial relations 2. Improvement of local authority budgeting, financial management and revenue mobilisation 3. Strengthening local authority participatory planning and service delivery 4. Review of the Local Government Act and legal framework
Review of the National Constitution Constitutional review in Kenya has been going on since 1997. The process, however, picked in 2003, when it became really participatory. Different committees were appointed to address several thematic issues. Devolution of power from central to local authorities was one of the most topical issues that were discussed. That was mainly because the Constitution under review does not provide for the existence of Local Government, but through the Association of Local Government Authorities of Kenya (ALGAK), the umbrella organisation that represents all local authorities in Kenya, mayors, councillors and other stakeholders have been sensitised enough to know that devolved local authorities are the most effective for adequate service delivery. Through the debates, which in themselves are a form of public participation in good governance, groups advocating for devolution of power have been proposing to have a local government system with structures that truly enhance service delivery: A four-tier government structure composed of central government, provincial government, district (local) government and a locational government. Once the Constitutional review is over, it is expected that the Local Government Act, under which the management of all the local authorities in Kenya falls, will also be reviewed. Other laws that overlap with the Local Government Act, thus adversely affecting service delivery by local authorities, will also be reviewed alongside the one on Local Government. Some of them are the Land Planning Act, Trade Licensing Act, Rating Act, Valuation for Rating Act and Agriculture Act.
Capacity building on Civic Participation for Good Governance This initiative is not by the Government but it is through ALGAK. Through it, some local authorities are involved in a distance-learning course, which delivers learning to municipalities in Africa using digital satellite radio. The course falls within a broad programme known as Africa Good Governance Program on the Radio Waves. Its main objective is to support local government capacity building and community empowerment through transmission of key information relating to anti-corruption, participation and fiscal decentralisation. Four components for capacity building have been identified. They are:
Programmes are broadcast weekly through the Africa Learning Channel of the First Voice International (Formerly World Space). In addition to that a workbook is prepared and distributed to the learners, who take about 15 weeks on a module. The course on Civic Participation for Good Governance focuses on the key modules, which are aimed at enhancing effective service delivery by local authorities. They are:
Participants are also expected to learn how to set goals and form action plans, and gain knowledge on how to hold local governments and organisations accountable through monitoring and evaluation methods. The course is a local experience because it was developed in partnership with many local subject specialists and experts from central and local government, academia, civil society organisations and non-government, academia as well as journalists. After going through this course, participants have expressed a changed attitude in the management of the local authorities they work in.
GOOD PRACTICE CASE STUDIES ON PUBLIC PARTICIPATION IN KENYA Local Authority Service Delivery Action Plan (LASDAP) For nearly 10 years now, local authorities in Kenya have been benefiting from an intergovernmental transfer system that provides resources to local authorities to supplement the financing of services and facilities required by citizens. The fund is known as the Local Authority Transfer Fund (LATF). Under LATF local authorities receive five per cent of the National Income Tax. In 1999, when LATF became operational, the transfer was only at 2%. The LATF resources, together with the councils’ own revenues, are used mainly for such services as improved local health, education, transport, water, markets and sanitation services. There are about five conditions that all local authorities have to meet before the Government releases LATF to them. One of these is evidence of public participation in the local authorities’ efforts to identify, plan, implement and monitor local services and development projects. The participation is achieved through a process known to as the Local Authority Service delivery Action Plan (LASDAP). It was introduced by the Government in 2002. Some of the stakeholders who are involved in LASDAP include self-help groups, business organisations, resident associations (including those in informal settlements), faith-based organisations, education and health institutions, professional organisations, NGOs and individuals. All of them, however, must be residents of their respective local authorities. One of the key steps in LASDAP is consultation with citizens of a particular area. Meetings are held where local residents can talk about the problems and resources in their area. The local authority staff listens to the views of the people and uses that information to improve their planning and provision of services. Notices of the meetings are posted in local market places and other strategic places announcing the public consultation meetings. Councillors and local authority staff tell the dates of the meetings by word of mouth also. The importance of involving citizens is that, since local authorities use public money, raised through taxes and levies, it is vital to spend the money well, providing services to those in need. For councils to do that, they require information about the people’s needs. It is therefore crucial for people to participate in order to share knowledge and opinions with their local authorities. They can also get interested in monitoring the implementation of the projects and activities. By so doing, they contribute to the management of the funds in their local authorities, thus ensuring that they (residents) are getting better value for their taxes. The meetings are held every year, starting around July. The information from the consultations is then put into the plan, which is submitted to the Ministry of Local Government at the end of November. The plan submitted in November is then reflected in the budget of that year. The first money that comes into the council to enable spending is in October. For larger pieces of work, however, there may be need to tender. Proper guidelines for the execution of LASDAP are sent to local authorities by the KLGRP. LASDAP has been generally successful since its introduction. Across Kenya local authorities have been preparing plans in consultation with citizens of their respective areas. In some areas consultations have been good, but in others there have been some challenges. Some of the key challenges have been cited as political interference. In some cases interference with the tendering process has also been reported. Source: Ministry of Local Government – The Kenya Local Government Reform Programme (KLGRP) Other initiatives on Public ParticipationArea Development Committees (ADCs) within the Municipal Council of Eldoret, KenyaSince the early 1990s, Area Development Committees (ADCs) have been instrumental in the mobilisation of resources at the ward level within the Municipality Council of Eldoret. The ADCs are informal and voluntary organs, which have been assisting the council in gathering views of members of the communities or residents for planning and other purposes. They are therefore key to successful public engagement. Every ADC is composed of twenty-four elected representatives from very hosting estate in the ward, four co-opted members of various forms of expertise and the area councillor. The Director of Social Services of the Municipal Council and a representative of the Central Government also participate as ex-official members. The functions of the ADCs include:
Source: Municipal Council of Eldoret, Department of Social Services Recently the Municipal Council of Eldoret allowed the ADCs to monitor, evaluate and communicate to residents about projects within the municipality. The ADCs have also facilitated opinion surveys for strategic planning and mobilisation of communities for the preparation of LASDAP. The Kenya Alliance of Residents Association (KARA) The Kenya Alliance of Resident Associations is a civil society apex body representing the voice of resident associations on consumers and taxpayers’ rights. Its main focus is on the achievement of efficient service delivery especially at the local authority levels countrywide. KARA was formed in 1999 due to a need to spread the concept of resident associations around the country. It was registered the following year as an umbrella organisation mandated to co-ordinate resident associations. KARA’s vision is to represent Kenyan resident Associations in achieving progress by defining and demanding the highest standards of good governance, transparency and ethical behviour through negotiations with public bodies for better service delivery and accountability.Since its inception, KARA has emerged as a strong advocate on good governance, environment, security, water, land, sustainable energy and access to justice. Beyond advocacy, KARA is continually investing in forging working and sustainable partnerships with the Government of Kenya, private sector, local authorities and other like-minded organisations and people.One of the major achievements that KARA has recently made in Nairobi are: 1.Formation of strategic committees in a bid to avert crime and other menace.These are Security, Safety and Disaster Management Committee, and Governance Committee 2.Working closely with the Kenya Police on an initiative called Toa Habari kwa polisi (Give information to the police), which encourages Nairobi residents to report crime and name suspects so that they can be investigated 3.Being a member of the Kenya Action Network on Small Arms (KANSA), an organisation that aims at averting the proliferation of small arms in Kenya 4.Involvement in the implementation of Community-policing Programme (CPP), which uses participatory and consultative approaches to restoring security in the city 5.Partnering with a private sector organisation called Adopt-A-Light so as to explore interventions aimed at lighting the city slums. Source: Nairobi Salama Newsletter, February 2006
Relationship between Resident Associations and Local Authorities Due to the fact that the Local Government system in Kenya is still centralised, local authorities sometimes find it difficult to deliver services effectively. As a result living conditions have deteriorated in most urban areas, and citizens have experienced many social and economic challenges arising from such factors as urban poverty, rising of unplanned settlements, high rate of unemployment and crime. In response to the failure by local authorities to deliver satisfactory services, citizen groups, commonly referred to as resident or neighbourhood associations, have been formed to fill the gap. The first resident association was formed about 10 years ago, and majority of the others are between three to six years old. Most resident associations have two main objectives:
Some local authorities, however have been casting doubts on the intentions of the residents associations, with claims that the latter are potential rivals. In order to sensitise citizens about the relationship between local authorities and residents associations, ALGAK recently organised a workshop whose participants were from both local authorities and residents associations. Several recommendations, aimed at enhancing co-operation between local authorities and resident associations were developed. They included:
CONCLUSION In view of the crucial roles that local authorities in Kenya and indeed in other parts of the world play in service delivery, it is important to have them empowered. The challenges that residents associations have started to give local authorities are positive because they are aimed at improving the living conditions of citizens, who pay taxes and are thus entitled to value for their taxes.
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