Journalists guidebook devolution reporting

Reporting Devolved Governments

KENYA CORRESPONDENTS ASSOCIATION (KCA)

Reporting Devolved Governments

Journalists Guidebook Kenya Correspondents Association (KCA)

Reporting Devolved Governments

Reporting Devolved Governments

Reporting Devolved Governments

Kenya Correspondents Association (KCA) P.O. Box 7438-00200, Nairobi, Kenya Kenbanco House, 4th Floor, Room 11 Haile Selassie Avenue/Moi Avenue Junction E-mail: kcakenya2013@gmail.com Website: www.kca.or.ke

Reporting Devolved Governments

Reporting Devolved Governments A Journalist’s Guidebook

Reporting Devolved Governments

Table of Contents Acknowledgements ................................................................................. 2 Forward ..................................................................................................... 3 Preface ....................................................................................................... 5 The Media and Devolution .................................................................... 6 The Constitution and Devolution ......................................................... 11 Public Finance .......................................................................................... 14 The relationship between the National and County Governments.. 22 References/Resources ............................................................................. 25 Abbreviations/Acronyms ....................................................................... 26 List of Counties according to the Constitution of Kenya 2010 ....... 27

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Reporting Devolved Governments

Acknowledgements The Kenya Correspondents Association (KCA) wishes to extend sincere gratitude to all those who participated in the process of developing this guide book. The contribution involved many individual players and institutions with many hours of discussions and other forms of input.

We acknowledge the contributions of the following consultants which not only guided the discussions and the training of journalists but also made practical suggestions on how the media should engage in reporting Devolved Governments: • Dr. Jane Munga (Kenya School of Governance, Nairobi) • Chrispine Oduor (Institute of Economic Affairs, Nairobi • Dan Odhiambo Orlale (Media Consultant –AWCFS, Nairobi) Special thanks to Mr. Orlale for his role in working closely with the KCA team in the compilation of this guidebook and for the many hours he spent, patiently going through the input from different groups and individuals that form the content of this guidebook.

Thanks to the editors and other media experts from different media houses and institutions who offered useful input during the process of developing this guidebook.

Special thanks to USAID through the Kenya Transition Initiative (KTI) for their support for the project, which included the publication of the guidebook. The KTI team at the Mombasa office; Margaret Muyanga and Zainab Ronoh among others gave invaluable support and advice throughout the project period and at every stage of the publication.

We acknowledge the contribution of the KCA Project Team; William Oloo Janak, Maureen Mudi and Esther Nthusi who spent long hours during the project, organizing, coordinating and consolidating all the input included in the Guide book.

The contents of this publication do not in any way represent the views of KTI, USAID or the US Government.

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Forward Kenya Correspondents Association (KCA) implemented a project in the Coast Region titled: “Building the Capacity of Coast Based Journalists on Key aspects of Devolutions” for a period of 4 months from June to September 2013.

Objectives of the project included:  Increasing access to information on the devolved governments for effective citizens’ participation.  Enhancing the capacity of the journalists in the Coast Region to generate stories on a daily basis and to acquire a deeper understanding of the devolved governance structure.  Empowering the journalists to ask the right questions on behalf of the public and hold the county governments to account for their decisions and their adherence to constitutionally mandated county processes.  Building the interest of the media establishments in covering devolution and the journalists’ capacities and skills in the following areas the following key areas; Budget Literacy, Governance Structures and Public Participation, County Planning Process and Reporting County Assembly Proceedings.

During the implementation of the project, there were engagement forums with key stakeholders both from National and County Governments, Civil Society groups and journalists. The journalists went through rigorous training which built their skills in understanding and reporting devolution.

The forums emphasized the need for a more sustained and systematic engagement between the county governments, the stakeholders and the media as part of the process of implementing devolution and making the county governments work in the best interest of the citizens.

Gaps in the relationship between the media and the nascent county governments were pointed out; these included hostility from the county government leaders, lack of clear communication structures which translated to limited access to critical information and challenges the journalists faced due to limited understanding of devolution.

The interactive meetings helped to clarify some of these key areas that required intervention and the journalists training workshops and consultative meetings with editors and key players in the media industry both in the Coast Region and in Nairobi helped inform the contents and structuring of this guide book as a key tool for media practitioners in engaging with the devolved government.

The team of experts that trained the journalists on key areas of devolved government

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outlined above helped the journalists appreciate their role and the need to focus media attention on devolution as a major outcome of the new constitutional reality that Kenyans were keen on.

KCA’s intervention in the Coast Region is indeed only the beginning of an ambitious capacity building of journalists on devolution across all the 47 counties. Indeed, building on the Coast experience, KCA also replicated the same project in Nairobi County from August to November 2013, again with support from USAID through KTI. The project and all its components including this guide book, is therefore a major contribution to helping the media industry in Kenya and especially county based journalists, in engaging with devolution and unpacking the issues and processes at the county level for public participation.

A meeting with national media editors and stakeholders which discussed the draft of this guidebook did indeed arrive at the conclusion that this was an important step and contribution to the media industry.

They said the guidebook will also provide an invaluable guide the editors in the newsrooms in handling and correctly assessing the importance of stories emanating from the counties, which have hitherto been treated as “village news” with less relevance to the national audience.

Kenya Correspondents Association (KCA) is a national professional and advocacy body for journalists. It represents media correspondents and freelancers within the media industry with the specific mandate of advocating for the improvement the professional growth, rights and the welfare needs of its members. This is done through policy and legal dialogue within the media industry and engagement with the government and other stakeholders.

KCA is also involved in actively building the capacity of its members through training and skills upgrading as part of improving their professional capacity and growth. This project was undertaken as part of the association’s mandate and response to the emerging need for journalists to not only engage with devolution but to also develop the requisite capacity to report more accurately and professionally in this new area.

William Oloo Janak Chairman, Kenya Correspondents Association P.O. Box 7438-00200, Nairobi, Kenya Tel: +254-202215078: Cell +254-722697927 Email: info@kca.or.ke, kcakenya2013@gmail.com Website: www.kca.or.ke

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Reporting Devolved Governments

Preface Why a journalist’s guide book on devolution?

The media have played an important role in the political, social and economic transformation of Kenyasince independence 50 years ago. From a narrow media base to the robust media environment with many media outlets now, the media have occupied a central space in enhancing national dialogue and setting the agenda for national discourse, in the process, influencing the pace and tempo of national development.

With the promulgation of a new Constitution in August 2010 with a radically transformed governance structure providing for one National Government and 47 Devolved Governments, the role of the media has become even more critical in promoting the effective implementation of the Constitution generally and Devolution in particular.

The agenda setting role of the media and journalists; the investigative and information dissemination role have become more important in helping citizens take up their space in influencing the affairs of the various levels of government and holding leaders accountable and transparent.

It is in recognition of the crucial role the media and journalists play in informing and educating the public about the devolution process that the idea of a guidebook for journalists was mooted as part of the outcome of a four month project that trained 30 journalists in the Coast Region on how to effectively report on devolved governments.

Various surveys have revealed that most Kenyans including leaders at various levels and media practitioners are not very conversant about the new governance structures. The implementation of Devolution since the March, 4, 2013 General Elections has revealed a degree of confusion and misrepresentations of the system of devolution which require a more informed approach to media reporting.

This book is primarily intended for use by practicing journalists and aims to encourage more journalists to venture into thisspecialized area of reporting and to build their capacity for critical commentary on Devolution and coverage of the proceedings of the 47 County Assembly which are already debating and passing important laws.

Several public forums with journalists, editors and stakeholders have been organized by the Kenya Correspondents Association (KCA) with the support of Kenya Transitional Initiative (KTI) within the project period of four months from June to September 2013 to collate and collect views media engagement with the new devolved governments.

The role of the media in reporting devolution and enhancing informed citizens’ participation emerged as an important component of the process of implementing devolution. The Constitution clearly states that meaningful citizen participation is mandatory in the new structure of Government from the National to the County level.

It expected this guidebook will be a useful tool for all the journalists across the country in reporting on the Devolved Governments to focus attention on their roles, functions, activities and process with the ultimate objective of making them vehicles and centers of more effective service delivery to the citizens of Kenya.

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Reporting Devolved Governments 1.0 The Media and Devolution Following the March 4, 2013 General Elections and start of the implementation of devolution, there have emerged controversiesand differences between national leaders and across the political divide over how best to manage the process of making the county governments work.

The focus has been on among others, the levels of funding, the funds transfer processes, the transfer of functions and the role of the Transition Authority, the relationship between the National and County Governments and the role of the County Assemblies.

The media have been at the center of feeding national debate and attempting to clarify the contending issues. Some key issues have been lost while others have been projected effectively and clearly.

In the course of developing this guidebook, the discussions among journalists, editors and other stakeholders, the increasing attention on the counties as rich and key sources of public information for media outlets was noted.

The consultative forums debated the fact that the media industry has also been grappling with the changed environments and that its attempts to “devolve” lacked of a clear guideline and a “Transitional Authority” unlike the County Governments which had a clear legal mechanism to manage the transition.

The consultative forums highlighted key considerations in the process of media engaging with devolution: • The need to create and sustain an effective engagement framework between the County Governments and the Media • Mapping out the key/dominant issues per county for media focus given the uniqueness of different counties.

• Moving media coverage from the confrontational and aggressive journalism obsessed with personalities to a more issue focused and interrogative media keen on diversity of voices and on community/citizens’ generated content; • The need for journalists to utilize the provisions of the Constitution, especially the Bill of Rights to ward off any cases of intimidation, arrest, detention and harassment of journalists and editors that was rampant under the old constitution; • The emerging paradigm shift in media relations with the Government was exemplified by the recent editors’ breakfast at State House with the President and his deputy, covered live on all TV stations.That this shift should be reflected in the engagement at County levels through regular media round tables meetings; • The need for sustained capacity building through training for journalists and editors on devolution and how the County governments and County Assemblies should operate and creating media county lobby advocacy groups to influence County Government media and access to information legislation, including the setting up a press galleries; • The need to encourage media engagement with the County Assemblies to facilitate unfettered access to the deliberations and information at every stage of the

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• • • •

•

debating process; Encouragement of the growth of county media, both by the county government and private entrepreneurs including the establishment of community media outlets.

Holding of media literacy forums at the county level, possibly by the Media Council and other players to bridge the gap of knowledge and understanding between the media industry and media product consumers Encouraging national media to shift attention and give more space to county news and information as a way of promoting understanding of issues and developments across the entire nation.

That the national media outlets should respond to devolution urgently and appropriately through restructuring and proper remuneration of qualified journalists to stop the flight of skilled journalists to other areas. The current situation is characterized by lack of regard for the labor rights of journalists based in the regions, which has seen some key journalists based in the regions take up employment positions within the county governments or elsewhere.

County based journalists and indeed the national level need to resist the temptation and possibility of capture by emerging political and economic elite in the counties as this will compromise their ability and role in delivering on their role of making devolution work.

1.1 New trends in coverage of Devolution: The changing media landscape and trends in media consumption patterns call for a creative approach in covering devolution at the County level. Journalists need to note the following:  Rise in number of private and community-run FM stations and TV stations.  Most mainstream and alternative media houses have set aside space/airtime for County news.  In some Counties such as Nairobi, Mombasa, Kilifi, Trans Nzoia, Meru, Kajiado, Machakos, Nakuru and Migori, among others, weekly publications have sprung up, focusing on local issues and which people in those regions value more than the national newspapers. Some of these are managed by journalists in those regions.  CCK has announced that it will allocate FM radio frequencies to all the 47 Counties to highlight their issues to the residents.  Village news is now headline news and is longer no news as was the case in the past under a centralized system.  Impact of social media in news gathering and presentation at county and national level.  Challenges of content to fill the 24-hour FM and TV stations and also to cover events live.  Opportunities for journalists are emerging to get communication and PRO jobs in the County Governments and County Assemblies as Hansard reporters.

1.2 Highlight of the Code of Conduct for journalists:

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Reporting Devolved Governments

Reporting Devolved Governments The Code of Conduct is essential in guiding the journalists in their work of reporting on Devolved Governments. Journalists should take into consideration the following key provisions of the Code: Accuracy and Fairness - The fundamental objective of a journalist is to write a fair, accurate and an unbiased story on matters of public interest. All sides of the story shall be reported, wherever possible. Comments should be obtained from anyone who is mentioned in an unfavourable context.

Independence - Journalists should defend the independence of all journalists from those seeking influence or control over news content.

Integrity - Journalists should present news with integrity and decency, avoiding real or perceived conflicts of interest, and respect the dignity and intelligence of the audience as well as the subjects of news.

Journalists should not—pay news sources that have vested interest in a story;accept gifts, favours or compensation from those who might seek to influence coverage; and/ or engage in activities that may compromise their integrity or independence.

Accountability - Journalists and all media practitioners should recognize that they are accountable for their actions to the public, the profession and themselves.

Opportunity to reply - A fair opportunity to reply to inaccuracies should be given to individuals or organizations when reasonably called for.

Unnamed sources - Unnamed sources should not be used unless the pursuit of the truth will best be served by not naming the source that should be known by the editor and reporter.

Confidentiality - In general, journalists have a professional obligation to protect confidential sources of information.

Misrepresentation - Journalists should generally identify themselves and not obtain or seek to obtain information or pictures through misrepresentation or subterfuge.

Obscenity, Taste and Tone in Reporting - In general, journalists should avoid publishing obscene, vulgar or offensive material unless such material contains a news value which is necessary in the public interest.

Paying for news and Articles - When money is paid for information, serious questions can be raised about the credibility of that information and the motives of the buyer and the seller. Therefore, in principle, journalists should not receive any money as an incentive to publish/broadcast any information.

Covering ethnic, religious or sectarian - News, views or comments on ethnic, reli-

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Reporting Devolved Governments gious or sectarian dispute should be published or broadcast after proper verification of facts and presented with due caution and restraint in a manner which is conducive to the creation of an atmosphere congenial to national harmony, amity and peace.

Recording Interviews and Telephone Conversations - Except in justifiable cases, journalists should not tape or record anyone without the person’s knowledge. An exception may be made only if the recording is necessary to protect the journalist in a legal action or for some other compelling reason. In this context these standards also apply to electronic media.

Intrusion into Grief and Shock - In cases involving personal grief or shock, inquiries should be made with sensitivity and discretion.In hospitals, journalists should identify themselves and obtain permission from a responsible executive before entering nonpublic areas of hospitals or similar institutions to pursue enquiries.

Sex Discrimination - Women and men should be treated equally as news subjects and news sources.

Financial Discrimination - Journalists should not use financial information they receive in advance for their own benefit, and should not pass the information to others.

Letters to the Editors - An editor who decides to open a column on a controversial subject is not obliged to publish all the letters received in regard to that subject.

Protection of Children - Children should not be identified in cases concerning sexual offences, whether as victims, witnesses or defendants.

Victims of Sexual Offences - The media should not identify victims of sexual assault or publish material likely to contribute to such identification.

Use of Pictures and Names - As a general rule, the media should apply caution in the use of pictures and names and should avoid publication when there is a possibility of harming the persons concerned.

Innocent Friends and Relatives - The media should generally avoid identifying relatives or friends of persons convicted or accused of crime unless the reference to them is necessary for the full, fair and accurate reporting of the crime or legal proceedings.

Acts of Violence - The media should avoid presenting acts of violence, armed robberies, banditry and terrorist activities in a manner that glorifies such antisocial conduct.

Editors Responsibility - The editor shall assume the responsibility for all content, including advertisements, published in a newspaper. If responsibility is disclaimed, this shall be explicitly stated beforehand.

Advertisements - The editor should not allow any advertisement which is contrary to

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Reporting Devolved Governments any aspect of this Code of Conduct Hate Speech - Quoting persons making derogatory remarks based on ethnicity, race, creed, colour and sex shall be avoided. Racist or negative ethnic terms should be avoided.

2.0 The Constitution and Devolution (a) The Devolved Government The Constitution of Kenya 2010 provides in Chapter Eleven, for Devolved Government. It abolishes the coordination and public administration through many vertical layers and local authorities to two separate and interdependent governments – The National Government and the County Governments. There are 47 County Governments in Kenya now, besides the National Government.

Devolution is regarded as one of the most transformative provisions of the Constitution of Kenya 2010 and it provides for changes in the governance system from centralized to devolved system.

Article 176 provides that there shall be a county government for each county, consisting of a county assembly and a county executive. It also provides that, every county government shall decentralize its functions and the provisions of its services to the extent that it is efficient and practical to do so.

In covering devolution, journalists should read and understand Chapter Eleven of the Constitution and the following key provisions:  Objects and Principles of Devolution (Articles 174 and 175)  The Structure, key organs and officers of the County Government (Articles 176185) Journalists should also focus on and understand the following:  The County Executive: the composition and functions  The role and functions of the Governor as the chief executive  The management of Urban Areas: the creation, management and role in govern ance and service delivery  County Fund/Revenue and the role of the County Treasury in fiscal management and resource mobilizations to attain the county’s financial stability  Functions and powers of the County Governments (Articles 186-87)  Relationship between the National and County Governments, the mechanisms for conflict Resolution and suspension of county governments(Articles 189-192)  Composition, role and functions of the County Assembly (Articles 193-200): Special focus should be on the following roles and functions of the County Assembly:  Make laws to govern public service provision in a county  Oversee the county executive organs  Approve executive appointments; i.e. county cabinet, town committees etc.  Approve County budgets  Approve borrowing by County Government before the same is guaranteed by the

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Reporting Devolved Governments National Government.

Key officers of County Assembly: i. The Speaker and the Deputy Speaker ii. County Assembly Members iii. County Assembly Committees iv. County Assembly Secretariat v. Sergeant-at-Arms vii. Hansard Editor It is the role of the media to interrogate the operations of all these organs, and office holders and the relationship between all these organs to help the public understand how effectively they are working towards delivering on their mandate.

The Legislative Process: Legislation is a very important process in governance, both at the National and County levels.

Previously, reporting the legislative process as happens in Parliament had been the preserve of a few journalists based in Nairobi. With the creation of 47 County Governments and a similar number of County Assemblies, it is crucial to give attention to these new legislative organs.

The County Assemblies are modeled along the same structure as the national Parliament so the process is largely going to be the same, possibly with a few modifications.

From moving a Motion to passing a Bill, step by step.

This is how it applies at the National Assembly: First Reading A first reading is when a bill is introduced to the legislature. Typically, the bill is assigned a tracking number and immediately assigned to a committee. In most British influenced legislatures (Westminster systems) such as Kenya’s, the committee consideration occurs between second and third readings.

Second Reading A second reading is the stage of the legislative process where the draft of a bill is read a second time. In most Westminster systems, a vote is taken on the general outlines of the bill before it is sent to the designated committee.

Third Reading A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by the legislative body. In legislatures whose procedures are based on those of the Westminster system, the third reading occurs after the bill has been amended by the designated committee.

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Reporting Devolved Governments

Reporting Devolved Governments

Presidential Assent The granting of Presidential Assent is the formal method by which the head of the Executive arm of government completes the legislative process by formally assenting or giving his consent to an Act of Parliament.

Commencement Quite often, an Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice, usually by the Minister for the time being in charge of the matters with which the Act is concerned.

Under the new Constitution, the County government has two organs, the County Assembly (Parliament) and the County executive that has a mandate to deal with county and not national issues such as security, foreign affairs, monetary policy and higher education issues which will be the preserve of the national Government.

The CA can only make laws to govern public service provision in its area of jurisdiction; oversee the County executive organs; receive and approve plans and policies for the County and then approve County budgets.

The CA will also approve executive appointments and approve borrowing by County governments before the same is approved by the national Government.

Article 77 provides that members of the County Assembly will include. (a) Elected ward representatives; (b) The number of seats to meet the two-thirds gender rule (c) The number of members of marginalized groups includes persons with disabilities and youth as provided by the Act of Parliament; (d) Speaker who is an ex-officio member.

It needs to be noted that the 47 County Assemblies will not originate and pass similar laws. These will depend on each county government and the unique issues obtaining in each area and the priorities that may emerge from time to time. There will be different laws from one country to another but the legislative process will largely remain the same.

3.0 Public Finance The Public Finance, provided for in detail in Chapter 12 of the Constitution, is important to the success of Devolution. Journalists should understand the provisions of this chapter as a basis for informing public debate and effective participation at all stages of planning, revenue collections, budgeting, expenditure and monitoring.

Journalists should pay particular attention to the following key provisions of the Public Finance in the constitution and the Public Finance Management Act 2012):

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Reporting Devolved Governments  Principles of Public Finance; Equitable sharing of national revenue, equalization fund;  Consultation on financial legislation affecting counties;  Revenue Fund for county governments and Contingency Fund;  Revenue raising powers and public debt  Borrowing by National and County Governments  Revenue Allocation and the Role of the Commission for Revenue Allocation (CRA)  Division of Revenue and the role of the Senate 3.1 Budget and Spending Legal Requirements for Participation in Budgeting Constitution of Kenya 2010 Chapter 12 of the constitution covers issues of public finance. The very first principle mentioned in this chapter is the following:  There shall be openness and accountability, including public participation in financial matters.  In discussing and reviewing the [budget] estimates, the committee shall seek repre sentations from the public and the recommendations shall be taken into account whenthe committee makes its recommendations to the Assembly.

In holding the county governments accountable, journalists must understand the budget process and process of approval and actual expenditure. It is important that journalists follow the process from the start to the end because every stage is important for public information and monitoring. Accurate budget estimates, proper allocation on priorities and actual service delivery can only realized within the framework of a budgeting process in which there is informed public participation aided by accurate and timely information by the media.

The following are ideas that were suggested during the “Media Workshop on Devolution – Coast Region Reef Hotel Mombasa; August 8-9, 2013” 1. Governor Radio show and Talk Shows 2. Media Representation in County Assembly Financial Committees These platforms can be used to interrogate the Budget Process and County Planning Process and ensure the budget and county plans followed due process as outline in the regulatory framework.

3.2 Budget Timelines It is important for journalists to understand the budget times lines and follow it through with sustained reporting to aid public understanding. Government financial year begins on July 1 and ends on June 30. The approved budgets of both recurrent and development expenditures and revenue sources should be ready within this period.

The journalists should note the key dates in the budget making process if they are to

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THE FRUITS ARE SWEET AND SURE!!

Reporting Devolved Governments

Reporting Devolved Governments report accurately during the process.

Stakeholders in the Budget making process:  The Executive  Private Sector  The Legislature (both national and the county assemblies)  The Wider Public: Public Participation in the county planning and budgeting process is mandatory (CGA Art 115) and should be facilitated through the County and Economic Budget Forum (Art. 137 of the Public Finance Management Act 2012) Areas of focus for journalists when reporting on budgeting and the budget  Ascertain whether budget is adequate to meet policy objectives  Know how much priority is given to say education compared with other sectors  Get a sense of priority spending on a sector can be compared with GDP or with total budget  Know whether progress being made in terms of government response to people’s needs  Know whether budget allocations equitable: rural-urban differential, marginalized groups, etc.  Check whether resources are being spent efficiently (budget estimates vs. actual) and effectively  Compare budget data to other information such as government policies and programs and the establishment of findings and results  Understand where income comes from, how it is spent and what costs are covered by the budget.  Did the budget making process allow for public participation?  Were the public involved in the County Fiscal Strategy Paper?  Is it aligned with the national objectives in the Budget Policy Statement?  Are county government revenues, expenditures and borrowing for the coming financial year and over the medium term in a healthy State?  Are the strategic priorities as proposed by the county treasury in line with the expectations of the County Assembly?

Journalists should engage in budget analysis as well as budget monitoring to observe the processes and activities involved in implementing a budget over a certain period of time. Budget monitoring can be conducted at national and sub-national levels and should examine whether funds have been disbursed at a particular point in the system, how regularly and whether spending is in line with approved budget or if there are any leakages/variances.

It is important to establish if the public has been adequately involved and consulted or if it is token and whether the public hearing process was properly publicized or not.

This can lead to low turn-out and inadequate participation by the public.

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Journalists should also pay attention to:  The procurement processes as guided by the Public Procurement Act and Process  Assets and Liabilities inherited by each county  Public service; composition, recruitment process, salary levels and wage bill, academic and professional qualifications etc. as these are key to performance delivery of the devolution dream Budget Timelines Government financial year begins on 1 July and ends June 30 • The approved budget of both recurrent and development expenditures and also revenue sources should be ready by then Key dates: i. 30th August submits circular on budget process ii. 1st September approval of County Plans iii. 30th September tabling of the County Budget Review and Outlook Paper iv. 28th February – Tabling of the County Fiscal Strategy Paper (Broad programmes and sector ceilings) V. 30th April – Tabling of estimates of expenditure (R & D) &Revenue (CE & CA) for approval by 30th June 2013 vi. Not later than 90 days of passing the Appropriation Bill…tabling of Finance Bill to provide for ways of financing the county government

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Reporting Devolved Governments 3.3 Planning Proper planning is important for proper utilization of resources and realization of development. County governments are required to come up with development plans to guide the implementation of development. Schedule 4 of the Constitution gives the responsibility of county planning and development to the county governments.

The counties are expected to decide before hand their short, medium and long term priorities. All plans are to be generated by the County Executive with the approval of the County Assembly. The plans are to be tabled in the County Assembly by the 1st of September each year. This will form part of the planning and budgeting cycle. County planning is to be facilitated by the County Planning Unit.

Principles of planning and development (Article 102 of the Constitution)  Facilitate in a county shall be to integrate national values in all processes and concepts;  Protect the right to self-fulfillment within the county communities and with responsibility to future generations;  Protect and integrate rights and interest of minorities and marginalized groups and communities;  Protect and develop natural resources in a manner that aligns national and county governments policies;  Align county financial and institutional resources to agreed policy objectives and programs;  Engender effective resource mobilization for sustainable development and equity in resource allocation within the county;  Provide a platform for unifying planning, budgeting, financing, programmer implementation and performance review; and serve as a basis for engagement between county government and the citizenry, other stakeholders and interest groups.

Types of Plans at the County Level (a) County Integrated Development Plan County Integrated Development Plan There shall be a five year county integrated development plan for each county. Integrated Development Plans developed by the counties will govern the preparation of national annual budgets and those of the counties and that no public funds will be appropriated without a planning framework as stipulated in the County Government Act, 2012(CGA, 2012). (b) County Sectorial Plan A County department shall develop a ten year county sectoral plan as component parts of the county. The County sectoral plans shall be Programme based and should form basis for budgeting and performance management. It should be reviewed every five years by the county executive and approved by the county assembly, but updated annually. (c) County Spatial Plans

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Reporting Devolved Governments Every county, city, municipality and town must prepare a spatial plan. Spatial planning identifies development projects and programs and locates them on specific geographic areas in a county or territory. The plans also display the necessary coordination between various sectors, e.g. transport networks and their relationship to agricultural production and markets; public facilities and private home developments, etc. Spatial plans must include economic, social and governance dimensions of the CIDP. d) City or Municipal Plans For each city and municipality there shall be the following plans  City or municipal land use plans  City or municipal building and zoning plans  City or urban area building and zoning plans  Location of recreational areas and public facilities A city or municipal plans shall be the instrument for development facilitation and development control within the respective city or municipality.Levels of Planning include Towns, Municipalities, Cities, Sub-County Units in rural areas, Ward units in rural areas, Village units in rural areas.

Citizen Participation in County Planning Citizen participation is mandatory in the planning process. The law provides that “county planning shall provide for citizen participation” (County Governments Act, Art. 106.4) and is done in a process that “involves meaningful engagement of citizens” (CGA, Art. 105.1 (d)). To promote public participation, non-state actors are to be incorporated in the planning processes by all authorities (CGA, 2012 Art. 104.4). This is to be facilitated by a county planning unit.

Mechanisms provided for in Part VIII of the County Government Act including:  Information Communication Technology based platforms including websites, blogs, social media sites, e-conferences, chat rooms, text message services and call centers;  Town hall meetings where citizens meet at a dedicated venue in a central place and have conversations on the governance of their counties;  Budget preparation and validation for a where citizens contribute to the content of the budget and also help validate it;  Notice boards used to announce jobs, appointments, procurement, awards and other important announcements of public interest;  Development project sites where citizens participate in managing the project and also provide the implementation mechanism;  Avenues for the participation of peoples’ representatives including but not limited to members of the National Assembly and Senate where they can made a meaning ful contribution in the county; or  Establishment of citizen forums at county and decentralized units for contributing to service planning and delivery

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Reporting Devolved Governments

Key areas of focus for journalists when reporting on planning  The planning process and how inclusive it was so as to gauge whether the public was involved in the identification of projects for implementation or activities to be under taken during the plan period  Projects identified for implementation and how this are likely to contribute towards addressing identified challenges in the county  The link between the county plan and other development programs of the country such as the Vision 2030 and how the plan and strategies identified will contribute to wards the achievement of the Millennium Development Goals and whether it is likely to contribute to poverty reduction  Whether the plan is realistic in relation to the funds allocated to the county in that particular financial year  Whether there is equity in the distribution of projects to be implemented and activities to be undertaken.  What measures did the County Executive Committee utilize to ensure public participation?  Are the strategic priorities as proposed by the county finance in line with the needs of the county and expectations of the County Assembly?

Key Institutions to facilitate devolution:  Senate  County governments  Commission for Revenue Allocation (CRA)  Controller of budget  Auditor- General  Transitional Authority 4.0 The relationship between the National and County Governments: Article 6 (2) of the Constitution defines the national and county levels of government as distinct and interdependent, providing that they will conduct their mutual relations on through consultation and cooperation. The Intergovernmental Relations Act 2012 Section 5 puts into effect the mechanism for operationalizing this relationship. (a) The National and County Government Coordinating Summit is the apex body for inter-governmental relations. This is chaired by the President and in his absence by the Deputy President and brings together the 47 governors (Inter – Governmental Relations Act Act 2012 Section 7) (b) Intergovernmental Budget and Economic Council (Public Finance Act 2012, Section 187). (c) There is also the Council of County Governors.

4.1 The functions of the National Government and the County Governments This is provided for in Fourth Schedule of the Constitution (Article 185 (2), 186 (1) and 187 (2). The functions and services to be provided by each level of government are spelt out.

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Reporting Devolved Governments

Journalists need to understand these functions well to report in a manner that helps the public understand the responsibilities of each level. The process of implementation of devolution raised expectations which must be managed well as in many cases, citizens expected too much and this may result in disappointment which may lead to apathy in public participation.

But the media must also be able to put into perspective the emerging friction between the national government and the county governments over resource allocation and transfer of funds and interrogate the validity of each side’s arguments based on the constitution and the laws enacted by parliament.

4.2 Transition to the new governance arrangement The transition is being managed by the Transition Authority (TA) whose roles include:  Facilitate the transfer of functions to the county governments  Establish criteria of transfer of the functions  Validate the assets and liabilities of state institutions including government departments and local authorities before they are transferred  Audit existing human resources capacities of the government and local authorities  Advise on effective and efficient rationalization and deployment of the public servants  Assist the county governments in making their first budgets after the first General Elections under this constitution  Facilitate capacity building of the county governments Importance of public participation in the County governments The Constitution emphasizes the importance of public participation. Citizens’ participation at all levels of decision making because public institutions and leaders are supposed to serve the people.

The constitution aims at empowering citizens to take a central role in decision making to influence service delivery, policy decision and in elections. The participation should be effective and meaningful by engaging and demonstrating understanding of the issues.

Section 87 of the County Government Act outlines key principles that can help achieve meaningful participation. Timely access to information is a key consideration. This is where the media come in to aid the process of timely information delivery to the citizens.

The following constitute the key principles:  Inclusiveness – facilitating the participation of all respecting of their political affiliation; access to meeting venues, appropriate dates and days and access to

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Reporting Devolved Governments information to all in acceptable formats  Incentives: incentives to officers and citizens to achieve maximum participationetc.  Timeliness: Sufficient notice for the meetings, early dissemination of information and timely start of the meetings etc.  Accessibility: to public officers including that of the Governor by citizens  Responsiveness: prompt address or response to public complaints or queries and establishing centers or offices for receiving complaints from the public  Education: continuous civic education and information dissemination helps to improve citizens engagement and participation Section 95 of the County Government Act requires the County Government to establish mechanism to facilitate public communication and access to information in the form of media, with the widest public reach in the county which may include:  Print media  Television stations  Information communication technology centers  Websites  Community radio stations  Public meetings  Traditional media Conclusion: The media and journalists hold the key to informed public participation and successful implementation of devolution. In reporting on county governments, journalists should interrogate the spaces and structures available for active public participation and whether the county governments deliberately facilitate or constrain flow of information.

Effective reporting on devolved government also requires research and interaction with new publications by different institutions and authorities involved in devolution advocacy and discourse. This is an important governance arrangement which will impact fundamentally on the people.Journalists as the fourth estate are empowered to be authorities in their own right as communicators and content generators. Already a lot of the content from the counties are going on line through websites, blogs and other social media platforms.

“The smarter the journalists are, the better off society is. For to a degree, people read the press to inform themselves - and the better the teacher, the better the student body.

Warren Buffett

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Reporting Devolved Governments

References/Resources RESOURCE GUIDE FOR EFFECTIVE REPORTING ON DEVOLVED GOVERNMENTS 1. Constitution of Kenya, 2012 2. The County Governments Act, 2012 3. Urban Areas and Cities Act, 2011 4. Public Finance Management Transition Act, 2012 5. Guidebook for Governors (Transitional Authority) 6. Kenya County Fact Sheets (Commission on Revenue Allocation) 7. The Status of Access to Information in Kenya – Opportunities for Transparency and Accountability in Governance (Kenya Section of the International Commission of Jurists) 8. Strengthening bottom-up approach social accountability; Citizens Participation in National and County Governance (Research by Jesuit Hakimani CentreSeptember 2013) 9. Access to Information and Devolved Funds in Kenya (ICJ-Kenya) Key dates Journalist should be aware of in the devolution process • 30th August – release of circular on budget process • 1st September - tabling of the County Integrated Development Plan (CIDP) • 30th September - tabling of the County Budget Review and Outlook Paper • 28th February – Tabling of the County Fiscal Strategy Paper (Broad programmes and sector ceilings) • 30th April – Tabling of estimates of expenditure (R & D)& Revenue(CE & CA) for approval by 30th June 2013 • Not later than 90 days of passing the Appropriation Bill…tabling of Finance Bill to provide for ways of financing the county government.

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Reporting Devolved Governments

Abbreviations/Acronyms 1.

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AWCFS – CIDP CRA CGA – CA – CCK – GDP – ICJ IEA KSG KCA – KTI – PFM TA TI – USAID –

African Woman and Child Feature Service County Integrated Development Plan Commission on Revenue Allocation County Government Act County Assembly Communication Commission of Kenya Gross Domestic Product International Commission of Jurists – (Kenya Section) Institute of Economic Affairs Kenya School of Governance Kenya Correspondents Association Kenya Transition Initiative Public Finance Management Transitional Authority Transparency International- (Kenya) United State Agency for International Development

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Reporting Devolved Governments

List of Counties according to the Constitution of Kenya 2010 1.

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Baringo County Bomet County Bungoma County Busia County Elgeyo Marakwet County Embu County Garissa County Homa Bay County Isiolo County Kajiado County Kakamega County Kericho County Kiambu County KiliďŹ County Kirinyaga County Kisii County Kisumu County Kitui County Kwale County Laikipia County Lamu County Machakos County Makueni County Mandera County

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47.

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Marsabit County Meru County Migori County Mombasa County Murang’a County Nairobi County Nakuru County Nandi County Narok County Nyamira County Nyandarua County Nyeri County Samburu County Siaya County Taita Taveta County Tana River County Tharaka Nithi County Trans Nzoia County Turkana County Uasin Gishu County Vihiga County Wajir County West Pokot County

Reporting Devolved Governments

KENYA CORRESPONDENTS ASSOCIATION (KCA)

P.O. Box 7438-00200, NAIROBI, Kenya Email: kcakenya2013@gmail.com; info@kca.or.ke website: www.kca.or.ke