Dullah Omar Institute scholars contribute to a book on devolution in Kenya

Profs Nico Steytler and Jaap de Visser wrote comparative chapters for the recently published book by the International Development Law Organisation (IDLO), in collaboration with the Kenyan Judiciary Training Institute (JTI) and the Katiba Institute. The book unpacks the role of the Kenyan judiciary in implementing devolution.

Steytler discusses how the South African Constitutional Court defined the powers of provinces and municipalities. De Visser, contributed a chapter about the intersection between socio-economic rights and local government powers.

The two South African chapters are testimony to how useful and important it is for Kenya and South Africa to compare experiences in implementing decentralisation in a developing context. They also bear testimony to the growing partnership between the participating institutions.

This book examines the critical role of the judiciary in the devolution process in Kenya and the ongoing transformation of the country. The new constitution of 2010 brought in a devolved governance system in Kenya, comprising of a national government and 47 county governments.

Five years into this process, in the first of two new publications, Kenyan legal experts explore the mandate of the judiciary in ensuring that devolution meets its stated objectives, bringing together different perspectives on devolved governance in Kenya in a compilation aimed at consolidating and enriching the emerging jurisprudence.

The origin of this book emanated from judicial seminars that brought together scholars and practitioners - including judges from Kenya and other countries that have devolved systems of government, many of whom have contributed chapters to the book.

The book can be downloaded, free of charge, at http://www.idlo.int/publications/animating-devolution-kenya-role-judiciary