Gender Analysis of the County Government Act

Gender Analysis of the County Government Act

Introduction

The Kenyan independence constitution promoted centralization limited the participation of citizens in the decision making the process and the process of allocating resources. The successive independence regimes failed to address the inequalities and high poverty levels in the country. The regimes failed to set up effective redistribution structures that would help to redistribute surpluses to low potential regions. This deficiency resulted in demands for decentralization of government structures for equitable resource allocation and service delivery. Moreover, the country’s enshrined cultural heritage also promotes a patriarchy state and elder reverence. Such heritage is detrimental to various population groups, including minority groups, women, and children. This scenario resulted in the County Government Act to decentralize funds through the local government system (SID, 2012). In Kenya, ethnicity is deep-rooted, making it difficult to realize equity during service delivery. The Act was considered to minimize unjust inequalities. The Act also seeks to promote sustainable development in the country by equal participation of all citizens regardless of their gender. The paper provides a gender analysis of the County Government Act (Kenya) policy using various gender analysis tools.

Constitutional Framework

The 2010 Constitution of Kenya forms the basis for implementation of the County Government Act through the developed system. The constitution recognizes individuals within counties as the main sources of power, roles, and resources. Moreover, county governance illustrates the sovereignty of the people and a link between the national and the county governments. Although the independence constitution had provisions for local authorities, these authorize were subordinated to the central government.

Legal Framework

Implementation of the Act and devolution was a complex process. Parliament endorsed the Transition to Devolved Government Act (TDGA) to implement the provisions of transitions (Council of Governors, 2015). Furthermore, the other purpose of the Devolved Act was to promote the smooth transfer of functions, specify effective mechanisms for monitoring, and ensure continued capacity building at both the national and the county government levels. As such, when implementing the County Government Act, it is necessary for county governments to analyze the constitutional and legal frameworks to understand their roles in implementing this Act.

Gender Analysis Tools

Harvard Analytic Tool

The Harvard analytic gender tool relies on collected information and consolidates data for decision-making. The County Government Act seeks to promote shared decision-making within the communities. The creation of the county governments changed the decision-making process in the county. The county governments need to work together and coordinate with the national government for sustainable development and equity in the country (Council of Governors, 2015). The Act requires the county governments to develop mechanisms and systems that facilitate cooperation and effectiveness. The constitution also allows county leadership to conduct their functions. The county government system came up with the Council of Governors (CoG) after the 2013 elections for horizontal cooperation (Council of Governors, 2015). The system uses the CoG to address various issues underlying the implementation of the County Government Act. The Council Secretariat has created several committees with the responsibility of pushing the country’s agenda.

Participation of all people seeks to improve the status of both men and women in society. The County Government Act allows both indirect and direct participation. Participation allows citizens to be active beneficiaries of the activities of development in their counties (National Assembly, 2012). Citizens can participate indirectly while elected individuals participate directly in local governance. The grassroots participation defies the monopoly of the local elites since it gives all citizens a chance to voice their opinions. The elected representatives at the county assemblies participate in governance through administration, sittings on different committees, councils, and panels. The Act requires county leadership to allow participatory, practical and decision-making. The working environment should also be equitable and non-discriminatory.

Various principles define citizen participation. These principles include timely access to relevant information regarding policy formulation, access to the process of policy formulation and implementation, shared responsibility and partnership, promotion of public-private partnerships, and promotion of the rights of minorities and communities (National Assembly, 2012). Moreover, the Act also requires county governments to conduct civil education to enhance the empowerment of all citizens, continual engagement of all citizens and values of the County Government Act. These principles seek to make county governments enlighten all citizens regardless of their gender, age, socio-economic status, and political standing.

The Act also defines the principles of planning within county governments. The Act requires integration of national values, including the values of cohesion, protection of self-fulfilment rights, protection of the interests of minorities, protection of natural resources, and promote engagement between citizens, county governments, stakeholders, and other interest groups. This aspect ensures that county government develop well-balanced systems that enable productive utilization of all resources within the county. Proper utilization ensures economic, ecological, and social development of all individuals in the counties regardless of their gender, socio-economic status, and ideologies.

Gender Analysis Matrix

Gender analysis matrix focuses on community development intervention approaches of the County Government Act. The Act has various intervention approaches that if implemented successfully, will help in realizing gender equity and sustainable development within the counties in the Republic. Almost 70% of all counties fall under the arid areas (Council of Governors, 2015). The value represents about one-third of the country’s population. Historical factors and nature of the ASAL have made it difficult for individuals in these areas to experience progress and development. Previous regimes, under the centralized government systems, excluded these areas deliberately from development. During the colonial and post-colonial periods, the colonial government and post-independence government focused on the white highlands that experience stable rainfall and have fertile soils. As such, these governments concentrated development programs in these areas neglecting the ASALs. Post-independence regimes worsened the situation by adopting policies that concentrated economic initiatives and development ideas in regions with abundant resources, good infrastructure, and receptive populace (Council of Governors, 2015).

The County Government Act includes provisions for taking care of both the ASALs and the white settlements equally. The Act seeks to promote and safeguard the interests of all the marginalized and minority communities in the country. Moreover, the Act aims at ensuring equitable distribution of resources throughout the country. In this case, the Act ensures the equitable sharing of resources at the national level among the 47 counties (Council of Governors, 2015). The Act uses a highly-redistributive model of sharing resources, ensuring that the national government consider various important factors during the sharing. These factors include land coverage, poverty levels, and population.

Although education is still under the national government, the County Government Act seeks to increase the literacy levels at the county level. The county governments have a responsibility of ensuring that each county has one public university to increase enrolment of both men and women. Making higher education easily accessible encourages all individuals in the community, including women and other minority groups, to consider pursuing university education. Moreover, the counties also must ensure the setting up of national polytechnics within these counties. Furthermore, to boost basic education, the Act requires the county governments to employ ECDE TVS (Council of Governors, 2015). Since ECDE serves as basic education, county governments must enhance investment in the ECDE education and collaborate with the national government to develop infrastructure of various institutions within the counties.

County governments should pay keen attention to slum areas and ASALSs when designing educational programs. These governments should set up a boarding school to minimize gender disparities. Cultural practices in some communities still encourage female genital mutilation and early marriages among girls (Council of Governors, 2015). As such, the presence of boarding schools may help in retaining girls in schools as they will spend most of their time in schools. This aspect will help in ensuring that girls attain higher education levels in these communities. Mobile schools will also help in reducing regional disparities, especially in the ASALs, where most communities still practice nomadic life. The mobile schools will ensure both female and male students get an education regardless of their location.

Women’s Empowerment Framework

Unjust inequalities and women’s poverty result from political aspects. Empowerment of women helps in solving the political problems surrounding women. This framework focuses on four major areas including access, welfare, participation and control. The tool requires the participation of all individuals, the welfare of all community members, and access to governance issues by all individuals. The 2017 elections had an increase in the number of female representatives at the county assemblies. Approximately 87% of all the nominated members of county assemblies were female with 13% elected (NDI, 2018). Nonetheless, some counties failed to realize the two-thirds gender rule. The 2017 elections also resulted in the election of three female governors, becoming the first female governors in the history of the country. Furthermore, the number of county assembly speakers also increased from three in 2013 to five in 2017. This data indicates that there is an improvement in the representation of both men and women in various positions within the County Government Act.

Majority of women seeking political offices for the first time were unfamiliar with the process of campaigning, and most political parties failed to support them (NDI, 2018). The county governments need to use their resources to create awareness, train minority groups and women, and adopt a transformative type of leadership. Civic education and public outreach programs are crucial in ensuring representation of all individuals in the community in county governance. Low education levels among women and other minority groups complicate their ability to vie for political positions and other positions under the County Government Act. Moreover, women find it difficult to relocate and take up positions due to family engagements.

Young women and other minority groups lack role models to encourage them to take up governance positions in county governments. A majority of young people have grown up seeing men from particular communities and tribes in the Kenya occupying top positions in almost all sectors in the country. As such, they have a perception that men should hold positions within the county government. Moreover, the masculine nature in Kenyan politics and governance makes it difficult for women and other vulnerable communities to consider governance roles in the country’s county government system. Violence, bribery, and massive intimidation defines the state of politics and governance forcing vulnerable communities and women to shy away from seeking positions in the county government system. Besides, stereotyping of certain communities, clans, and women force these groups from excluding themselves from the leadership positions.

The enactment of the County Government Act was to realize equity in the Kenyan society. Women’s empowerment framework requires that the process of implementing this Act should accommodate gender mainstreaming initiatives. County governments should have specific programs aimed at empowering women. The women with leadership positions in the county government system, such as members of the county assembly and other officials, should focus on promoting the idea of participation of women in the decision-making process on local issues. These women leaders can use advocacy and confidence-building (ENSURE, 2014). County governments need to emphasize the contribution of women in the agricultural sector. Currently, most women in the country, especially in rural areas, contribute significantly to the country’s agricultural sector. County governments should consider initiatives that help equip women with the necessary skills to promote the agricultural sector while improving the livelihoods of these women. Moreover, women should be given a chance to contribute to discussions on agriculture and livestock production.

Moser Gender Planning Framework

The Moser Gender Planning Framework is a valuable tool when analyzing the processes of development planning. Women have three major roles in the community, including reproduction, production, and community management. As such, county governments have to consider these factors during development planning. The Act seeks to improve welfare, efficiency, equity, and empowerment. The Act requires county governments to invest in both rural and urban areas as regions for both economic and social activities (National Assembly, 2012). Investing in rural areas ensures that the government takes care of marginalized and women in society. Most women in rural areas take part in agricultural and livestock production. As such, investing in these areas ensures that women and the marginalized have access to inputs and implements and ready market for their produce.

Besides, the Act requires the county governments to set up measures for integrating underdeveloped areas and making them like other areas. For instance, governments should consider improving infrastructure and making water accessible to all. When nominating members for the committee, the governor must ensure a reflection of the cultural and community diversity, consider the principles of affirmative action as stipulated in the constitution. Either gender should not exceed more than two thirds.

Conclusion

The County Government Act seeks to decentralize funds to ensure equitable distribution of the available resources in the country. Moreover, the Act seeks to realize gender equity and sustainable development. This Act requires county governments to observe adequate representation to protect minorities and women in counties. The previous regimes focused on particular areas neglecting other areas such as the ASALs. Four gender analysis tools help in analyzing the County Government Act policy. The Harvard analytic gender tool affirms the commitment of the Act to promote shared decision-making in the counties. The Moser Gender Planning Framework analyses the process of development planning. The Act requires county governments to invest equally in both rural and urban to promote the interests of all individuals. The gender analysis matrix focuses on community development intervention approaches of the policy while the women’s Empowerment Framework seeks to analyze the idea of women empowerment as presented in the policy.