Why devolution architect Dr Mbai would return to his grave if he resurrects today

The late Professor Chrispin Odhiambo Mbai.[File, Standard]

Were constitutional expert Professor Chrispin Odhiambo Mbai to be resurrected today, he would return to his grave over how devolution is implemented in the country

This was the general feeling among leaders who attended the 23rd anniversary of the late Dr Mbai at Senior School in Homa Bay Town Constituency.

Prof Mbai was the architect of the devolution concept. Before his death, the academician headed the Department of Political Science at the University of Nairobi.

During the new constitution drafting process, Mbai chaired the Devolution Committee, also known as the Devolution Working Group that was formed in April 2003. The committee was tasked with the responsibility of designing frameworks to reduce the immense power concentrated in the central government and the presidency.

But he was later killed on September 14, 2003. The death occurred when he was in the process of steering the committee to refine how the devolution concept would become part of the supreme law of Kenya, the Constitution of 2010.

His death reportedly resulted from resistance from some of the then powerful leaders who did not want decentralisation of resources from the national government to county governments.

The message that dominated his anniversary was that Prof Mbai would not be happy with the manner in which devolution is being implemented in Kenya.

University of Nairobi Lecturer Prof Adams Oloo who was a close associate of Prof Mbai during devolution conceptualisation, explained how Mbai wanted devolution to be implemented in Kenya.

According to Prof Oloo, Prof Mbai wanted only 14 counties in Kenya, arguing that this would enhance efficiency in disbursement of reasonable funds from the national treasury to the county governments.

The idea came following the trend in which social, political, and economic powers were concentrated in the office of the president that time.

“At that time, it was discovered that a successful country was one that has disbursed powers to lower levels. It was agreed that there be two tiers of government in Kenya. Prof Mbai and his committee agreed that there be 14 counties in Kenya,” Prof Oloo said.

However, Prof Mbai’s committee faced a serious challenge in which leaders who wielded power that time wanted more counties.

“Even as we settled on 47 counties as a country, that is not what Prof Mbai and his committee wanted,” Prof Oloo said.

The idea of a few units was borrowed from federal states.

“If you go to all federal states, the devolved units are usually few in number but large in size. The advantage of this is that it enhances economies of scale and that is what Prof Mbai wanted,” he explained.

The conflict between Mbai’s persuasive nature and the demands of the powerful leaders in the government caused a rift.

According to Oloo, the powerful leaders did not want Mbai to continue leading the Devolution Committee.

“The powerful leaders were not safe to have Prof Mbai continue to steer the committee. They had to gun him down to pave way for their interests in the implementation of devolution,” Prof Oloo said.

In his opinion, Prof Oloo argues that Kenya would have been better if only 14 counties were validated.

His concern is the corruption in the county governments. He argued that those who are implementing devolution do not comply with Prof Mbai’s vision of developing Kenya.

“Prof Mbai’s vision has suffered a serious challenge. The people who have come to the helm of devolution do not see the vision he had for this country,” he added.

He described leaders at the helm of devolution as those who are taking advantage of the county governments to champion their personal interests.

“It is wrong to find that the majority of the people who are leading our devolved units view devolution as something they should take advantage of to exercise their personal interests,” he added.

Former Homa Bay County Secretary Isaiah Ogwe echoed that although devolution is a good concept, bad leadership deters citizens from benefiting from devolved governance.

“Devolution is the best system of governance we can have as a country. However, the shortcomings which deter citizens from getting services result from bad leaders at the helm of county governments,” Ogwe said.

Ogwe said Kenyans used to have difficulties in acquiring development prior to the introduction of devolution, noting that devolved units have since broken the barrier of bureaucracy which used to apply when residents of a given region wanted development projects.

“Residents of various regions used to beg leaders at the national level in order to acquire a development project. But these days, every county has funds where local leadership in consultation with citizens can implement a development project successfully because of devolution,” Ogwe said.

Kisumu Deputy Governor Mathews Owili, expressed concerns that governors and other leaders who are enjoying devolution especially in Luo Nyanza region were not recognizing the efforts he made in introducing counties.

He was unhappy at the absence at the function of Governor Gladys Wanga of Homa Bay, Kisumu’s Anyang’ Nyong’o, Siaya’s James Orengo and Ochillo Ayacko of Migori.

“The manner in which we honour Prof Mbai as leaders of the Luo community’s counties in Nyanza is not nice. You can see that I am the only deputy governor who is here. Neither our four governors nor the remaining three deputy governors are present,” Dr Owili said.