Judiciary Will Defend Devolution To The End- Martha Koome


Chief Justice, Martha Koome has  vowed to defend County Governments against any form of attacks and injustices meted out to the devolved units.

 The CJ who was the Chief Guest on day three of the 7th and final Annual Devolution Conference in Makueni on Thursday said Devolution which is entrenched in the constitution is there to stay.

“I was in the bench of  three judges  in the Court of Appeal to hear a case where petitioners wanted the health department return to the National Government over claims that county governments had failed to run the department,” she said.

Lady Justice Koome  said they ruled that health will remain a devolved function, telling those who had such false notion to uphold the principles and value of devolution.

The CJ said County Governments  have responsibilities of Climate Action, noting that the country is facing a bleak future owing to emergence of life threatening  diseases  because of climate change which has had drastic impact on health care.

However, the Chief Justice told counties to take note of climate action has just social justice elements which include principles of prevention, intergenerational systems, protection of the most vulnerable persons and fair participation.

“Effects of mitigation and Adaptation policies are  crucial. Cost of adaptation to climate change should not impact on the vulnerable people in the society, she said.

She added: ” County Governments have obligations to access social-economic goods for its residents like food as part of the mitigation and adaptive measures owing to impact of climate change.”

She underscored the need to involve the most vulnerable and all stakeholders in decision-making efforts and take climate action seriously lest they be taken to court for violation of climate change.

Member of Parliament and Gospel Minister from Zimbabwe, Rev. Dr.Miriam Rutendo Chikukwa said they were in Kenya a fortnight ago on devolution benchmark tour, lauding the country for its milestone in devolution.

“We have entrenched devolution in the new constitution,” she said, noting that Devolution in Zimbabwe is economic devolution since it’s still a unitary state.

Council of Governors Vice Chairman, Martin Wambora thanked the Chief Justice  for her relentless efforts in defending devolution. 

Deputy Senate Speaker, Professor, Margaret Kamar said the bill drafted by nominated Senator, Dr Agnes Zani involving primary and secondary schools on matters environment and  climate change  will create a law to ensure climate change and environment issues are taken seriously.


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