ADMINISTRATIVE LAW 1

CAT 1
Title: County Development Boards in Kenya: Establishing
and Using the Foundational Elements of Administrative
Law
Overview:
Administrative law concerns get complex when one considers the County Government
Amendments Act of 2014, which established the County Development Boards (also known
as CDBs) in all 47 counties of Kenya. In the establishment, construction, and management of
CDBs, this article examines the application of core administrative law concepts. The efficient
and equitable operation of these bodies depends on fundamental values like legality, fairness,
rationality, and accountability.

Constitutional and Statutory Background:

The 2010 Kenyan Constitution serves as the cornerstone of the constitutional framework that
directs the establishment of CDBs. The concepts of decentralization, public engagement, and
the necessity of democratic and responsible governance are emphasized in Articles 6, 10, and
174. These fundamental ideas are further supported by Section 15 of the County
Governments Act, 2012, which establishes a legislative framework for CDB creation and
operation.

Administrative Law Fundamentals:

 Rule of Law and Legal Framework: Because CDBs are established in accordance
with the constitution and legal framework, they are an example of the rule of law.
Ensuring respect to the rule of law requires administrative acts, including the
formation of CDBs, to be in line with legislative rules.

 Legitimate Expectations and Consultation: Adherence to the notion of legitimate

expectations is exemplified by the County Development Boards Act, which was
enacted after consultation with the Senate. Involving stakeholders in the decision-
making process, such as the Senate, promoted accountability and openness.

 Justice and Representation: The concepts of justice and representation are reflected
in the way that CDBs are put together. Representatives from county assemblies,
national assemblies, and county executives are among the members, guaranteeing a
representative and varied group that takes into account different viewpoints when
making decisions.

 Reasons for Decision-Making: Administrative decisions, including the creation and

operation of CDBs, need to be justified. By offering reasons for the creation of CDBs,
the legislative process that resulted in the County Development Boards Act's
enactment shows the government's dedication to openness and responsibility.

 Proportionality and Effective Resource Allocation: One of the fundamental tenets of

administrative law is proportionality, which states that the methods used to
 accomplish a justifiable goal must not be disproportionate. By virtue of its structure
and purpose, CDBs work to ensure that county-level resource distribution is efficient
and aligns with the Constitution's devolution objectives.

 Accountability and Supervision: Accountability and supervision should be applied to

administrative acts, such as the creation of CDBs. The Senate's participation in the
consultation process and the County Development Boards Act's ongoing reporting
requirements demonstrate the dedication to oversight systems.

Constitutional Safety measures:

 Public Participation and Devolution: The constitutional concept of devolution places

a strong emphasis on the transfer of authority to lower governmental tiers. By
encouraging public involvement in decision-making, CDBs exemplify this idea and
support the larger devolutionary objectives outlined in the Constitution.

 Equitable Resource allocation: CDBs, charged with directing and coordinating the
execution of development plans tailored to each county, serve as the physical
embodiment of the constitutional ideal of equitable resource allocation. This
guarantees that the allocation of resources takes into account the distinct requirements
and preferences of every county.

 Checks and Balances: A system of checks and balances is introduced by the

constitution, which names the senator as the head of CDBs. This guarantees that
representatives at the national level are involved in decision-making, which helps to
create a more equitable and responsible decision-making process.

Legal Structure:

 The County Governments Act of 2012: The legal foundation for the creation and
functioning of CDBs is established by the County Governments Act. The duties of
CDBs are delineated in Section 15, with particular emphasis placed on their
involvement in project and program implementation coordination and oversight at the
county level.

 Function and Makeup: The Act delineates the function and makeup of CDBs, which
include representatives from the national and local assemblies as well as the county
executive. Transparency is encouraged and the composition is guaranteed to fulfill the
constitutional mandate thanks to this statutory clarity.

 Institutions of Oversight: The Act establishes committees and reports to the Senate
among other oversight mechanisms. This guarantees CDBs' accountability for their
decisions and acts, in line with administrative law principles that require
accountability and openness in the use of public authority.

In conclusion, the creation of County Development Boards in Kenya is a prime example of

how administrative law statutes and constitutional ideals interact. The establishment of CDBs
is consistent with the constitutional goals of devolution and responsible government since it
upholds the rule of law, fosters equity, and incorporates concepts like public engagement.
The statutory framework, which defines the functions, makeup, and supervision procedures
that support CDBs' effective operation, also provide the essential legal underpinnings.