This legal research paper investigates the management of intergovernmental disputes in the Kenyan devolved system since 2013 when the first governments took power under the new Constitution of Kenya, 2010. The constitutional, legal and institutional framework for managing intergovernmental disputes in the Kenyan devolved system is examined. The process of management of intergovernmental disputes effectively for the realization of the objects of devolution in Kenya is accessed. South African jurisprudence on the management of intergovernmental disputes is used because it provides instructive lessons on interpreting the Kenyan constitutional provisions on the management of intergovernmental disputes. The result of this study is that the process of management of intergovernmental disputes in the Kenyan devolved system is a three-tier process.
The starting point in the management of intergovernmental disputes is to prevent, minimize and avoid such disputes through intergovernmental relations and cooperative government. Secondly, where avoidance fails, intergovernmental disputes are formally declared and the governments are obligated to resolve such disputes through Alternative Dispute Resolution (ADR) mechanisms so as not to strain their relationships, amongst other reasons. Lastly, the governments are allowed to access the courts as the last resort after all reasonable efforts to resolve such disputes through ADR mechanisms have completely failed. The jurisprudence emerging from the Kenyan courts has been useful in this research. South African jurisprudence on the management of intergovernmental disputes has also been useful on providing instructive lessons on how the Kenyan constitutional provisions on the management of intergovernmental disputes can be interpreted.
This legal research paper concludes that purposive interpretation of the constitutional provisions dealing with the management of intergovernmental disputes must be adopted. This is because one of the ways through which the objects of devolution can be achieved in the Kenyan devolved system is through the efficient management of intergovernmental disputes.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Chapter One: Constitutional Framework for Intergovernmental Relations in Kenya
- The Principle of Devolution of Power
- The Structure of the Kenyan Devolved System
- The Functions of the National and County Governments
- Chapter Two: Legislative Framework for Intergovernmental Relations
- The Intergovernmental Relations Act, 2012
- The County Government Act, 2012
- Other Relevant Legislation
- Chapter Three: The Management of Intergovernmental Disputes
- Definition and Nature of Intergovernmental Disputes
- Mechanisms for Dispute Resolution
- Case Studies of Intergovernmental Disputes
- Chapter Four: Challenges in the Management of Intergovernmental Disputes
- Political Interference
- Lack of Capacity
- Financial Constraints
- Chapter Five: Recommendations for Improving the Management of Intergovernmental Disputes
- Strengthening the Intergovernmental Relations Framework
- Promoting Dialogue and Negotiation
- Enhancing Capacity Building
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This legal research paper examines the management of intergovernmental disputes in the Kenyan devolved system since 2013. The paper aims to analyze the constitutional and legislative frameworks governing intergovernmental relations, identify the key mechanisms for dispute resolution, and explore the challenges and recommendations for improvement.
- Constitutional and legislative frameworks governing intergovernmental relations
- Mechanisms for resolving disputes between national and county governments
- Challenges faced in managing intergovernmental disputes
- Recommendations for improving the management of intergovernmental disputes
- Case studies of intergovernmental disputes in the Kenyan context
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter One provides an overview of the constitutional framework for intergovernmental relations in Kenya. It examines the principle of devolution of power, the structure of the Kenyan devolved system, and the functions of the national and county governments.
Chapter Two analyzes the legislative framework for intergovernmental relations, focusing on the Intergovernmental Relations Act, 2012, the County Government Act, 2012, and other relevant legislation. It examines the roles and responsibilities of the various actors involved in intergovernmental relations.
Chapter Three delves into the management of intergovernmental disputes, defining their nature, exploring the mechanisms for dispute resolution, and providing case studies of actual disputes.
Chapter Four examines the challenges faced in managing intergovernmental disputes, including political interference, lack of capacity, and financial constraints.
Schlüsselwörter (Keywords)
This legal research paper focuses on intergovernmental relations, devolution, dispute resolution, constitutional framework, legislative framework, challenges, recommendations, and case studies within the Kenyan context.
- Quote paper
- Leonard Mwakuni (Author), 2017, The management of intergovernmental disputes in the Kenyan devolved system of government since 2013, Munich, GRIN Verlag, https://www.grin.com/document/544375
