This paper discusses the Kenyan constitutional and legal framework for the enforcement of county laws. It exposes the inadequacy of the legal and institutional framework as the root of all other challenges experienced in the enforcement of county laws in Kenya. These challenges include lack of capacity for the enforcement of county laws by the counties, corruption menace, lack of a uniform code of conduct for county askaris, the novelty of devolution to county askaris and the general public and the lack of county courts to resolve disputes involving counties and enforce county laws. Proposals for addressing these challenges are given stressing on the need to enact legislation to provide for the legal and institutional framework for the enforcement of county laws in Kenya. This is important because one of the ways through which the objects of devolution can be achieved in Kenya is through the effective and efficient enforcement of county laws and regulations.
Kenya adopted a new Constitution on 27th August 2010 with devolution1 being one of its most transformative aspects. Devolution was a good solution to the problems of marginalization, inadequate service delivery and regional disparities in development which was associated with the highly centralized system of government. With devolution, two levels of government were created: national and county governments.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Constitutional and legal framework for enforcement of county laws
- Constitution of Kenya 2010
- County Governments Act 2012
- County legislation
- Challenges experienced and proposals for addressing them.
- Inadequate legal and institutional framework
- Lack of capacity for the enforcement of county laws
- Corruption
- Lack of a uniform code of conduct for county askaris
- Devolution still novel to county askaris and the public.
- Lack of county courts to resolve disputes involving county governments and enforce county laws
- Concluding remarks
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This article examines the legal framework for enforcing county laws in Kenya, focusing on the challenges and proposing solutions to address them. The effective enforcement of county laws is critical to achieving the objectives of devolution in Kenya.
- The inadequacy of the legal and institutional framework for enforcing county laws in Kenya.
- The challenges counties face in enforcing their laws, including lack of capacity, corruption, and the lack of a uniform code of conduct for county enforcement officers.
- The need for a more comprehensive legal framework to address the challenges in enforcing county laws.
- The role of devolution in promoting effective local governance and service delivery.
- The importance of establishing county courts to resolve disputes involving county governments and enforce county laws.
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction discusses the concept of devolution in Kenya and its role in addressing regional disparities and enhancing service delivery. It highlights the importance of enforcing county laws to achieve the objectives of devolution.
The second chapter analyzes the constitutional and legal framework for enforcing county laws, outlining the relevant provisions of the Kenyan Constitution, the County Governments Act, and the role of county legislation.
Chapter 3 delves into the challenges encountered in the enforcement of county laws, including the inadequacy of the legal and institutional framework, lack of capacity, corruption, lack of a uniform code of conduct for county enforcement officers, the novelty of devolution to county askaris and the public, and the absence of county courts to resolve disputes.
Schlüsselwörter (Keywords)
The article focuses on the constitutional and legal framework for enforcing county laws in Kenya, highlighting the challenges encountered and offering proposals for addressing them. Key terms include devolution, county laws, county governments, legal framework, enforcement, capacity, corruption, county askaris, county courts, and the need for legislation.
- Arbeit zitieren
- Leonard Mwakuni (Autor:in), 2018, Constitutional and Legal Framework for the Enforcement of County Laws in Kenya. Challenges and Proposals, München, GRIN Verlag, https://www.hausarbeiten.de/document/587982
