- The implementation of the Equalisation Fund should not happen to the disadvantage of the original 14 counties.
- Likewise CRA should not be seen to promote a populist political agenda.
Image: FILE
Imagine a Kenya where no community is left behind, where the scars of past injustices are healed, and where every citizen thrives in a society built on equity and fairness. Let’s take a closer look at the power of the Equalisation Fund and its role in reshaping the destiny of marginalised regions, ushering in a new era of opportunity for all.
The promulgation of the new Constitution in 2010 ushered in an era of hope for Kenyans, especially the marginalised communities who for many years have borne the brunt of systemic marginalisation and oppression from successive regimes.
While devolution came out as the key benefit to the counties, the outstanding gain was for the marginalised communities through the creation of the Equalisation Fund, which serves as a crucial mechanism to promote social cohesion and unity within a diverse country like Kenya.
The fund's fundamental objective is to level the playing field by providing financial support and resources to these areas, enabling them to catch up with more developed regions.
By addressing economic disparities and promoting inclusive growth, the Equalisation Fund aims to foster a sense of national solidarity, reduce the incredible inequality we see, and promote a more harmonious and cohesive society.
Article 204 (1) provides for an annual appropriation of 0.5 per cent of all the revenue collected by the national government each year, calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly.
These are the funds that would go to the Equalisation Fund to cure past inequalities, bridge the development gap, and enhance the economic well-being of marginalised communities.
In line with its mandate, as captured under Article 216(4) of the Constitution, the Commission on Revenue Allocation in February 2013 developed the first marginalisation policy for 2014-17, and in it identified 14 counties that were to benefit from the fund.
These were Mandera, Wajir, Garissa, Tana River, Turkana, Marsabit, Samburu, West Pokot, Narok, Kwale, Kilifi, Taita Taveta, Isiolo and Lamu.
While there has been a consistent clamour and efforts to expand the areas that will benefit from the Equalisation Fund, it is of great importance to shine a spotlight on the original 14 marginalised counties and understand the context within which the pervasive marginalisation in those regions happened, leading to years of lagging behind in development.
CRA has an opportunity to right the marginalisation wrongs committed against a section of Kenyans. It needs to do this through a transparent, fair, and objective manner that promotes a sense of belonging to all Kenyans and where no community or region of the country is left behind in the development transformation.
The Equalisation Fund is a way of compensating the marginalised communities and giving them a fair chance to be at par with the other Kenyans in terms of development. If Kenya is to be an equal country as envisaged in the constitution where all Kenyans enjoy equal rights, then this equality must be rooted in doing the right thing, prominent of which is to mitigate the historical injustices.
In developing its second policy on marginalisation, CRA has used the smallest area — the sub-location — to identify marginalised communities, as opposed to using a county.
This is the formula that’s has informed the identification of a total of 1424 areas spread across 34 counties that have been identified as marginalised as captured by the Senate Equalisation (Appropriation) Bill 2023 (Senate Bills No. 3 of 2023) that was passed by the Senate recently and which awaits the President’s assent.
The Bill seeks to appropriate Sh13.89 billion from the Equalisation Fund to finance development projects in 1,424 identified marginalised areas that are spread across 34 counties. But the danger is this; this amount, if it is spread out so thinly among the identified areas will have no significant impact. Likewise, it will be of no difference from the county allocations.
The 2010 Constitution breathed life into the renewed hope of redressing past injustices and marginalisation. However, not much ground has been covered, 12 years later. I can argue that it is not freedom for everybody in Kenya, as those living in marginalised areas continue to bear the brunt of neglect, isolation, underdevelopment, and classical exclusion.
If all regions of the country are to achieve equity, then successive governments will have no choice but to respect the constitution and implement the provisions therein instead of trying to politicise them at every turn as is happening with the Equalisation Fund.
While it may sound or seem popular and a fair move to expand the area of coverage, it is also proper to emphasise that the original 14 marginalised counties have not yet achieved equity.
As such, the funds that would have gone to develop the 14 counties as identified originally and bring them at par with the other parts of the country will now be shared among 1,424 marginalised areas.
I would urge that we refocus on the 14 counties as originally identified if there is any genuine concern to uplift the marginalised communities. Lumping those counties together with other regions is to disadvantage and alienate them further. If that happens, then the equity we so much wanted will not be achieved, not in this life.
The implementation of the Equalisation Fund should not happen to the disadvantage of the original 14 counties. Likewise CRA should not be seen to promote a populist political agenda.
Article 204 (6) of the Constitution states that the article that creates the Equalisation Fund shall lapse 20 years after the effective date unless parliament enacts legislation suspending such a lapse (Article 204 (7)).
This, therefore, means that we have only 11 years to the expiry of this article. If we are to achieve equity as envisaged in the constitution across all of Kenya’s regions and communities, then I would call on parliament to expand the period within which the Equalisation Fund will be implemented. Again, all the monies that have been allocated to the fund in subsequent years should also be released forthwith.
Whatever marginalisation policies or laws being enacted by our parliament, they should be cognisant of the fact that equity cannot be attained before those who were deliberately socially and economically excluded or deprived of their rights to belong are brought forth and prominently placed at the top to benefit from the Equalisation Fund.
Deputy governor, Mandera county