Devolution has been advocated as a political response to the ills plaguing fragile and plural societies, such as, conflict, inequalities, rent seeking, economic stagnation, corruption and inefficient use of public resources. Besides, devolution is also implemented as a reaction to external pressure from organised groups. For devolution to be effective, however, the criteria of subsidiarity and consesus must be observed.
Economic and Administrative Implications of the Devolution Framework Established by the Constitution of Kenya
This paper thoroughly analyses budgetary, policy implications and recommends way forward for the education sector. The main purpose is to inform the budget proposals and contribute to Medium term expenditure framework (MTEF) education sector as the salient features that could spur the sector for economic and social development.
Gender equality is one of many protections guaranteed by the Constitution of Kenya. Article 27 recognizes that every person is equal before the law and has the right to equal protection and equal benefit of the law, ensuring freedom from discrimination in very certain terms. Not only does Article 27 provide for protection against discrimination; it puts the full weight of the constitution behind initiatives aimed at the active promotion of the rights of marginalized groups and minorities, requiring the state to take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination. This includes those measures to implement the requirement that not more than two thirds of the members of elective and appointive bodies shall be of the same gender.
Chapter Seven of the Constitution (Representation of the People) sets out how the right to vote is realized. It enumerates the general principles that provide the bedrock of the electoral system. Article 81 (b) provides the following: “Not more than two thirds of the members of the elective public bodies shall be of the same gender.” The constitution does not, however, provide specifically for how these requirements are to be met. Article 100 of the constitution goes further to oblige Parliament to enact legislation to promote the representation in Parliament of marginalized groups, including women.
The stated objective of the EPAs, (according to the EU) is to introduce reciprocity into (and therefore achieve WTO compatibility for) the long standing trade relationships between the EU and the ACP. As such it is incumbent on ACP countries like Kenya that are contemplating negotiating an EPA to ensure that, at a minimum, market access gains secured under the Lome conventions are not eroded or that there are net welfare gains for the country in the new trade arrangements.