Forging GA Resolution A/RES/73/333 into a Powerful Tool for the Implementation of Environmental Law

 1. GA Resolution A/RES/73/7333 (73/333) points to a comprehensive way forward to uphold commitments made by UN Member States and its Specialized Agencies to strengthen the implementation of environmental law and agreements including the Multilateral Environmental Agreements and related instruments. 

At the same time, InforMEA (http://www.informea.org), the impressive Computer Portal overseen by UNEP, provides a dizzying amount of information on existing Multilateral Environmental Agreements (MEAs) and much more. 

This can become a critical tool in helping implement 73/333 with new computing skills and information added. What is missing is a way forward for all those mentioned in the” Substantive recommendations” of Res A/RES/73/333 to enhance the implementation of international environmental law and the MEAs without them becoming overwhelmed and without their actions causing further fragmentation or actually undermining one another.

 2. Due to the sense of overwhelm and the immensity and complexity of the task, it is unlikely that UN Member States (MS) or even the governing bodies, secretariats or the leading technical and technological bodies that inform the work of the MEAs will make much headway if left to their own devices, despite, or perhaps, because of the wealth of information provided by info MEA; and the diversity and complexity of elements of the different MEAs.

 3. In addition, there has been and, during the Preparatory Committee Meeting One (prepcom 1) on the Ministerial Declaration (July 21-23, 2020), still was opposition to a Global Pact for the Environment, also because promised funding for so many of the MEAs has not been forthcoming.

 4. Finally, accountability must be assured through the development of effective enforcement mechanisms, including at the global level. These four measures can also lead to an increasingly global recognition of the imperative to work together in cooperation and solidarity. 

To move forward, the following are needed:

  A tool to help all concerned come to grips with the complexity of details; and

  Ways to motivate action on the part of all actors mentioned in 73/333 (6)-(18), as well as people everywhere who are critical to the effective implementation of environmental law.

 1 Three initiatives, (Points I, II, III below) can help to increase the motivation of all actors mentioned in the Annex to 73/333 and promote the implementation of existing environmental law at all levels. Points IV. Coalition of the Willing and V. Financing look at how the need for consensus and financing which are usually stumbling blocks figure in this proposal

. I. Facilitate the process of creating coherence and mutual reinforcement between instruments of IEL and related agreements, using enhanced computing capacities of InforMEA, which is under the auspices of UNEP. 1. Enhancing InforMEA‘s capacity to distinguish both similarities and differences between both the ideational and structural aspects of instruments of international law will enable the computer to clarify where instruments can be streamlined and where gaps exist. This can be achieved using a Hackathon, whereby computer programmers and others involved in software development collaborate intensively on software projects. 

2. Where inforMEA would bring out which general principles of International Law (IL) are present in each of the legal instruments, these can be made to create a connective foundation between the instruments of IEL, while fostering unity, synergy and goodwill, including on common but differentiated responsibilities (CBDR.) which is considered essential by many, if any headway is to be made. 

3. InforMEA already arranges IEL according to the SDGs to which each instrument of IEL pertains. In this way, InforMEA enables the governing bodies, the secretariats and the associated scientists, technical and technological experts of legal instruments UN Specialized Agencies and Governments to focus their streamlining of instruments of IEL around those that relate to a particular SDG and close the gaps between them, without forfeiting their individual characteristics.

 By focusing their work on instruments of IEL according to individual or clusters of SDGs, they will be working on the achievement of 73/333 concurrently with the SDGs, which is an added incentive to succeed.

 4. Using InformMEA would be facilitated the more user-friendly it can be made; especially if there would be a team of service professionals available to help those wanting to use this complex and awesome tool. II. A Day on the Implementation of Environmental Law and Montevideo V, which is to be implemented under the auspices of UNEP (To expand global participation in learning about and implementing environmental law, and to motivate governments to place it high on their agenda.)

 2 A Day of Implementation of Environmental Law and Montevideo V, to be implemented under the auspices of UNEP, called "Day of Action for Environmental Law" to expand global participation in the learning and implementation of environmental law, and to motivate governments to place it high on their agenda and to work more closely with civil society and other States. To increase the effectiveness of Montevideo V and respond to requests by numerous UN States, UNEP can offer courses in IEL. In this respect, they might build on what is already being offered by many well-known universities where internet learning already is offered to 1000s of students for free. As more international lawyers are trained, these can offer courses via the Internet in their national languages.

 Move experiences and different cultural perspectives to exchange, generates an environment of inclusion, encouraging the implementation of the SDGs To further encourage widespread action in the area of IEL, especially by the grassroots which are largely responsible for its implementation, a Day on the Implementation of Environmental Law (Day), could take place each year, commemorating the adoption of Montevideo V and would therefore fall during the annual UN Environmental Assembly. That Day would be dedicated among other things to bestowing awards for best practices “Promoting and Implementing Environmental Law.” These awards would be bestowed on Governments, UN Specialized Agencies, governing bodies, secretariats and associated experts of any of the MEAs, as well as Individuals and groups from diverse parts of society (coinciding perhaps with the categories of the present 9 Major Groups of the UN, although the winners need not be a member of these). 

The awards would be given for innovative and particularly effective ways of promoting the implementation of Environmental Law from local to global levels. Best practices can be added to InforMEA. 

These would constantly increase its usefulness and also its use by people worldwide. This would have the following advantages: 

 All above groups as well as people at the grass roots are critical as implementers of environmental law. The more diverse groups and individuals participate in the Day on the Implementation of Environmental Law, the more effective implementation will become.

  Involving such disparate groups will promote “thinking outside of the box” and ideas that can be up-or downscaled, increase the influence of sustainable laws as practiced by Indigenous Peoples, and further empower children and youth to champion the importance of environmental actions; 

 To the degree an enhanced InforMEA can actually be used to connect and streamline instruments of IEL and build a foundation of general principles of International Law between them, it is actually contributing to the strengthening and implementation of international environmental law. 

 Increasing the number of people and groups involved in implementing environmental law from local to global levels will progressively increase the cumulative effectiveness.

 3 III. Voluntary National Reviews, which would be organized by UNEP (To motivate governments to place IEL high on their Agenda) During the UNEA each year, UNMS would be encouraged to hold Voluntary National Reviews (VNRs) stating progress made both in ratifying and implementing Environmental Law, also showcasing achievements of their civil society, including those actions undertaken for the Day on Implementing Environmental Law. 

These would align efforts by governments and people, while Member States encourage one another to participate, as happens at the UN’s High Level Political Forum (HLPF) where approximately ¼ of all Nations present a VNR each year. Nations can encourage one another to further progress by holding inter-vision sessions throughout the year. IV Coalition of the Willing To allow the process to proceed while the combined pressures from Nature and peoples lead to governments joining the coalition. All the above would be undertaken on a purely voluntary basis by what would become a coalition of the willing.

 This would grow as Governments follow the productive examples of their peers, some inspired by the enthusiasm of their peoples; and/or are driven by the repercussions of escalating environment-related problems. V. Financing would be on a voluntary basis and manageable given the existence of InforMEA, as agreed in 73/333 Given that the additional costs are relatively low, it is unlikely that this will not be a stumbling block. 

To implement the above, the following financing would be necessary:

  The costs of holding a Hackathon (which usually lasts a day);

  Costs of service personnel to facilitate access by people worldwide. A number from each country can be trained by UNEP using online courses. These can each train people in their national languages to help people in different regions and languages. This will progress as the digital divide is closed.

  The cost of some 20 awards as prizes to be bestowed on the Day for the Implementation of Environmental Law. 

The above is offered by members of the UNEP NGO MG with the following NGOs that have asked to be mentioned as special endorsing organizations: 

4 ACOBEPE, All Win Network, Amis des Étrangers au Togo, Association of World Citizens, At Emonyo Yefwe, internationalCommons Cluster of the UN NGO Major Group, Edfu Foundation Inc, Evergreen Club of Ghana, Global Socio-economic and Financial Evolution Network (GSFEN), Human Rights Sanrakshan Sansthaa, Institute for Planetary Synthesis, Motivating the Implementation of Environmental Law. National Campaign for Sustainable Development Nepal, Regional Centre for International Development Cooperation (RCIDC), Literacy Shelter Welfare Rawalpindi cant., We, The World , YOTAN-Partner for Social Accountability from Liberia, west Africa. For more information, Lisinka Ulatowska, M.A., Ph D, Coordinator, Commons.Cluster.UNO@gmail.com. Please copy Taede Veenstra Layout and formatting : Liburna Deva

REF: BUSINESS DISRUPTION AND ACCESSBILITY TO HOMES AND PREMISES.

 

 

KENYA- TRANSPORT  SECTOR SUPPORT PROJECT(P124109) AND ITS ADDITIONAL FINANCING (P146630).                             

 

Small and medium level businesses were the driving force behind Dinah economy  and yet, their interests and support was not taken into account during the design stage and actual construction. There was total lack of effective and inclusive engagement. There was clear evidence from the disclosure meeting for the RAP Implementation Audit report by Panafcom Ltd. at Minata hotel , on 25/2/2020, that concerns of this group  had never been captured and  addressed by both Panafcom and KeNHA staffs, and yet the project is coming to close.

 HISTORICAL BACKGROUND.

Before, the construction of the interchange there was easy and convenient access of both vehicles and pedestrians to businesses and homes. The access feeder roads provided  entry and exit routes  in either direction from Webuye town, Eldoret , Kitale or Bungoma.  on both sides, of the road.

There were feeder roads, serving not only businesses but, thousands of residents. Example, Dinah- Malaha road serving almost 2,000 people, Camp David road, road to Radio Mambo, and road to Molo estate. This is further explained by the accompanying drawings.

 

DESIGN.

The design and actual implementation, basing on the SCHEMATIC DIAGRAM SHOWING PEDESTRIAN AND VEHICLE MOVEMENTS AT WEBUYE INTERCHANGE,  disregarded  the existing feeder roads, leading to disruption and  loss of  businesses and inconveniencing  residents to their homes. There is total failure of the project component of improved roads and road safety, as most  residents  within the interchange risk daily accessing their homes  and businesses from both side. Customers/ clients, business owners, suppliers  and residents with vehicles are unable to access their premises and homes easily and safely.

 

PROBLEM.

The elevated wall of the interchange has created a barrier on both sides , resulting into pedestrians  taking a longer distance  and time before reaching the pedestrian crossings, while vehicular movements for easy access to businesses and homes have been  curtailed on  both  sides of the road .

The following businesses have been adversely affected , Minata hotel, Website hotel , Camp David hotel, united millers,, Webuye corner petrol station and Jakas petrol station, and have  incurred income losses and business disruption during the actual construction. Closure of access to the  premises  affected businesses as clients moved out.

With the completion of the interchange,  businesses has not picked up, and transport sector businesses such as Easy coach bus, North Rift  and Great Rift  shuttles are also experiencing  difficulties to access their premises in either direction of the road on both sides. For example, how will someone access Easy Coach bus, Dinah- Malaha road, Minata hotel, Great Rift shuttle and several retail shops, while coming from Eldoret, Kitale, Webuye or Kakamega, easily and safely?

 

TRAFFIC RULES CONTRAVENTION

 

On several occasions clients / customers , suppliers, residents, business owners, with vehicles get lost , and as a result drive on the wrong side of the road , contravening traffic rules so as to access and  reach business premises or their homes.

This is a safety issue and the probability of accidents happening is very high.

IMPACT.

The interchange has blocked  businesses and  affected easy movements to the populations of  Dinah community. The project has decreased business opportunities,  and thus, disempowered  the community leading to  increased insecurity in the area.

Overall the project has not spurred economic growth of these community. People have lost jobs,  some businesses closed,  businessmen/ women have been unable to service their loans as required, reducing the livelihood of the people.

The project objective of increased efficiency can not be achieved as employment opportunities for hotel workers and suppliers has been affected.

 

 PROPOSED  SOLUTION

1.Provide two-way direction slip roads on both sides of the interchange as opposed to the current one-way  direction slip roads for vehicles and at the round about with clear marked directions and indications for easy and convenient access.

2. In addition to the two-way direction slip roads on both sides, provide a U-Turn, or a round about at both ends of the interchange.

 

Additional Financing Transport Sector Support Project - Additional Financing ( P146630 ) WEBUYE- KITALE ROAD.

 

                                                                                       17/12/2018                       

We would like to make a formal request to go on with the inspection. As the response from the grievances mechanism is not being clear with the concerns raised.

Our complain is being guided by The  World Bank’s  Environmental and Social Framework (ESF),  including  the Environmental and Social Standard (ESS) 10 on Stakeholder Engagement and Information Disclosure . Information  disclosure in a timely manner, in an accessible place, and in a form and language understandable to those affected by the project  and other interested parties,  motivates our action.

We believe that there  has been no stakeholders meaningful consultation in a manner proportionate to the risks to and impacts on affected communities during the construction phase.

 

CONSTRUCTION PHASE.

The concerns are specifically engagement during the construction phase , when a lot of harm was experienced.

Right from the documents send earlier, there was no information to make meaningful, informed choices about livelihood restoration, compensation and other resettlement entitlements.

The  project’s Environmental Assessment had never  been disclosed .

 

LACK OF MITIGATION MEASURES ON:-

 

Ø  Disturbance to vendors- people mostly women have had their opportunities lost, affecting their lifelihoods.

Ø  Increased dust quantities and air pollution  to vendors, small businesses and residents.- This was  an issues of concern

Ø  Increased  dust quantities to road side foods, vegetables, fruits, meat and shop items. The effect and impact was  both to sellers and buyers.

Ø  Increase of noise pollution to  the public.

Ø  Control of effluent -

Ø  Disruption of utility services

Ø  Increase in organic and inorganic solid waste.

Ø  Increased Green House Gas Emissions due to increased fossil fuel consumption.

Ø  Easy access to school going children when the project is completed.

Ø  Provision of roadside facilities

Ø  Public awareness for the chemicals used and information on hazardous chemicals used.

Ø  Compensation to loss of businesses.

 

 

 

 

 

 

 

UN HUMAN RIGHTS OBLIGATION RELATING TO THE ENVIRONMENT SAYS;-

v  States should ensure a safe, clean, healthy and sustainable  environment in order to respect, protect and fulfil human rights.

v  Human rights and environmental protection are  interdependent. A safe, clean, healthy and sustainable environment is necessary for the full enjoyment of  human rights, including the rights to life, to the highest  attainable standard of physical and mental health, to  an adequate standard of living,

v  The human right of all persons to seek, receive and  impart information includes information on environmental matters.

v  Public access to environmental  information enables individuals to understand how  environmental harm may undermine their rights,  including the rights to life and health, and supports  their exercise of other rights, including the rights to  expression, association, participation and remedy.

 

 

 

 

Luke Kapchanga,     Director.  Emonyo Yefwe International        +254733998526

 

AGREY INZAI                      MEMBER

J. A . SAGALA                    Chairman Stakeholders Committee     + 254713053001

 

 

 

Mainstream climate change adaptation in the environment sector.

BY LUKE KAPCHANGA

Kenya’s environment underpins livelihoods, health, ecosystem services, cultural heritage, tourism, wildlife habitats and more. It is also where many impacts of climate change are first registered, often as shifts in precipitation and temperature lead to changes in resource availability, occurrence and impact of disasters, or the valuable services ecosystem provide.

 Variable, widespread climate impacts threaten ecosystems and wildlife across the country with cascading economic and social impactsBungoma county   role in setting or and developing policy priorities,  plays a significant role in policy implementation and in monitoring.

This puts it in a unique place to observe at first hand where inconsistencies and incoherent approaches  of policies for sustainable development goals and targets Local Level Governance in the context of the SDGs

As the level of government closest to the people, local and regional governments are uniquely placed to identify and respond to development needs and gaps, hence the need to “localise the Post-2015 Development Agenda”. Specifically, this refers to the process of

defining, implementing and monitoring strategies at the local level for achieving global, national and sub-national sustainable development goals and targets. This involves concrete mechanisms, tools, innovations, platforms and processes to effectively translate

the development agenda into action at the local level (UNDP et al., 2014). The aim should be to strengthen coordination, maximise flexibility in the local management of programmes, preserve efficiency in service delivery, ensure accountability for the use of resources invested, and promote participation from businesses and civil society (OECD, 2005). 

The report Localizing the Post-2015 Development Agenda: Dialogues on Implementation (UNEP, 2014) is the result of a multi-stakeholder dialogue process carried out in 2014. The main recommendations include:raise more revenue locally.

● Promote a bottom-up approach to ensure ownership of the Post-20 Development Agenda at the local level.

● National planning institutions should align and embed the global development agenda into national and local development plans, and foster linkages and partnerships with  other actors to harmonise local development activities and avoid duplications and promote effectiveness.

● National governments and the international development community should recognize that local governments are best placed to convene local-level stakeholders, e.g. civil society, the private sector, and academia.

● Governments at all levels must be held accountable for responding to social inclusion and human security challenges.

● National governments and development partners should scale scale-up, replicate and adapt at the national and international levels.

● Decentralised development co-operation should be acknowledged and used as a modality to support the implementation of the SDGs at local level.

● Strengthen the capacities of national, regional and international associations of local governments to participate in global dialogues.

● Promote transparency and wider access to data and information to local governments through ICTs.

● SDG 11 to “make cities and human settlements inclusive, safe, resilient and sustainable” can help to mobilise local authorities and stakeholders and to focus the attention on the potential of urbanisation as a key driver for sustainable development. 

.As noted by one of the experts, Prof. Sharon S. Dawes, during the meeting, “The key challenges we face in policy integration for sustainable development are to develop the capability and legitimacy of governments to engage in policy development, grounded in citizen and stakeholder engagement; to develop better models and tools for understanding complexity by citizens, not just expert modellers, and, to better connect research and practice through rich connectivity among expert communities and the public”. Therefore, while knowledge networks, epistemic communities and analytical tools are critical, legitimacy and actual success will come from the broad political support.

A major area of focus for policy integration is the linkage between national and sub-national policies. This linkage is very complex. At the same time, as also noted during the same meeting, local governments are often better positioned to have a more coherent and integrated approach, see trade-offs and promote synergies. Issues that are often covered by multiple instances at central level are often handled by fewer representatives at local level, and benefit from closer collaboration and overlaps in responsibilities of local staff. Sub-national level is all the more important as this is where a lot of SDG implementation will be taking place.

 

 

END.

 

REPUBLIC OF KENYA

THE NATIONAL ASSEMBLY

 

ELEVENTH PARLIAMENT (FOURTH SESSION)

 

PUBLIC PETITION

 

BY EMONYO YEFWE INTERNATIONAL REGARDING COMING INTO FORCE OF THE COP21 PARIS AGREEMENT AND ITS IMPLEMENTATION LOCALLY.

 

I, the undersigned, Luke Wanjala Kapchanga, ID/ NO 9996278 of Maraka Ward, Webuye Constituency , Bungoma county, Director of Emonyo Yefwe International a civil society dealing with policy advocacy on climate change,

DRAW the attention of the House to the following:-

That, the Paris agreement on climate change  has entered into force , marking the first time that governments have agreed legally binding limits to global temperature rises, under the existing UN Framework Convention on Climate Change (UNFCCC) regime.

That, the Agreement was to enter into force 30 days after at least 55 Parties accounting for at least 55 per cent of global greenhouse gas emissions ratify (or accept, approve or accede to) the Agreement. These thresholds were passed on 5 October so the Agreement entered into force on 4 November 2016.

 

That, once an agreement enters into force, all countries that have ratified it will become parties to it and will be legally bound by its provisions,in any case, ratification, approval, acceptance or accession have essentially the same legal effect.

 

That, the primary goals of the Paris Agreement are to hold the increase in the global average temperature to well below two-degrees Celsius, and achieve net zero greenhouse gas emissions in the second half of this century.

That , to achieve these goals, governments and the private sector must act boldly and quickly on a range of fronts, including ratcheting down investment in fossil fuels and mobilizing an additional $1 trillion per year in clean energy from now through 2050.

 That, Kenya as  a developing country  is highly vulnerable to the impacts of climate change.

That, the Agreement will need to be implemented at the national level through a range of domestic actions and its effectiveness will therefore depend to a large extent on whether each country meets its international commitments.

That,Nationally Determined Contributions (NDCs) allow each Party to decide what it is able and willing to do under the Agreement, subject to general transparency and  accounting rules agreed at the international level.

That,  most direct obligation stemming from the Agreement relates to implementing measures outlined in Nationally Determine Contributions.

That,Kenya’s estimated climate-smart investment potential in selected sectors is $81 billion from 2016–2030.

That,Kenya’s NDC pledges to reduce greenhouse-gas emissions by 30 percent from business-as-usual levels by 2030,  detailing mitigation and adaptation activities, including priorities for increased use of renewables, options for clean transportation, and achieving 10 percent tree cover.

That, Parliamentarians must make full use of their powers to legislate, allocate budgets, influence policy and exercise oversight if the Agreement is to be effective,  have a key role to play in addressing climate change based on their position as representatives of their respective populations, and as primary decision makers and overseers of accountability within government.

That, they have broad legislative powers to establish governance structures and to allocate funding, shape policy, mobilise domestic actors, provide oversight functions to monitor progress, and ensure transparency and accountability.

That, Parliamentarians are  well-positioned to harmonise climate efforts with other development priorities, for example with respect to action on gender equality and the UN sustainable development goals (SDGs).

 That, Goal 13 of the SDGs is specifically about taking urgent action to combat climate change and its impacts. Issues related to climate change are also implicitly linked to many of the other SDGs.

That, they  need to develop and implement national strategies, policies, action plans and legislation to galvanise action and harness private sector finance and innovation.

That, the effectiveness of the oversight exercised by parliamentarians  is  critical in ensuring government deliver on their contributions.

 That, Kenya is a beneficiary  of ,The Capacity-building Initiative for Transparency (CBIT) trust fund, hosted by the Global Environment Facility (GEF) , the CBIT aims to help developing countries in their efforts to build institutional and technical capacity for enhanced transparency.

That, Increasing transparency and enhancing countries’ capacity for monitoring and evaluation are lynchpins for the Paris Agreement.

That, Kenyans ,regardless of  their  status and position ,want clean air and clean water for their families and children. They want to protect their health from  extreme weather events. They want to enjoy nature and Earth’s natural resources.

THEREFORE your humble petitioner pray that the National Assembly, through the Departmental Committee on Environment  and Natural resources to initiate a process to identify gaps in existing policy and legislative frameworks and any barriers to implementing the Paris Agreement by:-

1.  Develop initial recommendations on appropriate policy, strategy and legislative

responses needed to implement contributions under the Paris Agreement

2.  Identify linkages between action on climate change and socio-economic development

priorities, in particular synergies with action on the SDGs

3.  Consider how to integrate climate issues and responses as underlying contexts and bases of policy and strategy across government.

 

And your PETITIONER will ever pray.

Luke  Kapchanga  ID/NO. 9996278

 

 

 

 

The Assembly Committee Working without executive reports.

By Luke Kapchanga.

The County Government of Bungoma in the last four years received a total allocation of Kshs 40,855,350,331, says  Committee on  Finance and Economic Planning  of Second Assembly Session.

 In the Report  on The Bungoma County Integrated  Development Plan(CIDP) 2018-2022, notes lack of sufficient information on implemented projects for the 2013-2017 CIDP.

The committee particularly relied on information from  the county treasury  summary review of the implementation of the first CIDP (2013- 2017),to make its recommendations on the projects and programmes to be planned and implemented in the second generation CIDP (2018-2022). 

There was insufficient information as to some of the achievements in Agriculture, Livestock, Fisheries And Co-Operative Development and   department of Education, youth and sports, noting  that the information given on some of the achievements does not show the true position.

The committee raised concern whether the five year CIDP plan for project implementation will be effected.

 In this respect the committee was informed that there was need for a CIDP status evaluation to determine the extent of achievement of CIDP elements to draw conclusions on the effectiveness of planned development items.

 Bungoma County Integrated Development Plan (CIDP) 2018- 2022  was tabled in the County Assembly of Bungoma during a special sitting held on 24th January, 2018 . 

The County Budget and Appropriations Committee while tabling the report on the first supplementary budget, note of  not receiving a  report from the County Treasury on the deviations from financial objectives despite the Committee’s attempts to have the reports submitted.

The  two cases in point, justifies the fact that, the assembly is working  with limited information, and this in the long run, impacts negatively on the electorates whom they represent.  

Provisions of Section 183 (3) of the Constitution of Kenya, 2010  requires the County Executive Committee to submit to the County Assembly full and regular reports on matters relating to the county and as contemplated in Section 47 of the County Government Act, 2012 that provides for annual performance reports.

 Hon. Henry Majimbo’s raised the issue on the status of projects/programmes implemented FY 2013/2014 and 2014/15 respectively to  the implementation committee.

The committee in response , recommended to the  County Executive  to submit project details in  to include: Project title/description, vote code, specific project locations, Ward name(s), project tracking number, fiscal year, contract details, status of payment, level of project implementation and specific project challenges required to interrogate the status of project implementation for FY 2013/14 and 2014/15 by the end of the 1st Quarter of the 2015/16 financial year to facilitate ward visits by  committee members. The Committee  sanctioned  the CEC –Member, Finance and Economic Planning and the County Secretary , implement resolutions as they are put in budget appropriation Bills, Variations and virement decisions  be subjected to the approval of the County Assembly .

The county treasury is tasked to monitor and advise the county assembly on the implementation of the budget on a quarterly and annual basis, the compliance has been lacking.

A statement requested by Hon. Henry Majimbo on 25th June 2015 sought for the  issues relating to the position of development projects and programmes in Bungoma County from the Chairperson, Committee on Finance and Economic Planning:

1. Detail all the development projects in each sector that the County Government had initiated and completed in the FY 2013/14 and 2014/15. 

2. The chairperson to outline the projects that had not been completed ,stating the reasons why they have not done so and when they  were supposed to be completed. 

The County Budget and Appropriations Committee  in scrutiny of the first supplementary budget 2017/2018,  talks of  compelling  the executive to submit reports on the departments  that have deviated  from the approved CFSP 2017.. The Committee further, noted with  concern that despite  much effort being put in place in the preparation of Annual Budgets and the incorporation of public views, the Executive was not committed to implement the budget  fully,  thus requested implementation of approved programmes in the budget and quarterly financial reports be submitted to the House for interrogation and action.

The Committee On Implementation is among other is supposed to:- 

a) To detect and address abuse, illegal and unconstitutional conduct on the part of the County Executive.

b) To hold the County Executive to account in respect of how the taxpayers’ money is used.

c) To ensure that policies announced by the County Executive and authorised by County Assembly are actually delivered.

d) To improve the transparency of county government operations and enhance public trust

for effective policy delivery.

e) To generate  reports to be debated in the House with recommendations to determine whether the County Executive was effectively  implementing projects as provided for in the county budget cycles .

f) To recommend monitoring and evaluation strategies to assess compliance by the County Executive in implementing various resolutions passed in the House.

The scenario as it stands, shows that each house committee is finding it hard in making reports as executive  was not giving requisite information.

So if  by 2015, the house was looking into how best to improve on service delivery, and develop a working formula , by 2018 the problems of report submission still persists.

This gives  clear indicator, that public participation will not be meaningful  as long as, the public gives views  basing on limited information available , ant it may take much longer for the residents to reap improved service delivery.

END.