Robina I bet you can come up with a blockchain type of application that can track tax payment even at the granular level of the end consumer, so division of revenue should be ease to crack. Even if its that 40% revenue share can it be based on taxes derived from individual counties or regional blocks. The essence of constitution making is to decide how to govern and manage resources. On the management of resources the national government should cede more control to federal units.
Kenya property rights only go up to 6ft the rest is government owned. Even wildlife is all owned by government even if its in your private property.
Kenya is not ripe for wholesome federalism
1. Capacity - Pundit nails it with the question: why can't the counties manage health if they are ripe for taxes, fiscal policy, local laws and the majimbo full circle? Build the capacity first - then devolve progressively. This phasing can be codified in the constitution. Say more functions and funds are devolved based on independent county audits - by Winnie Mandela- or AU- led African Peer Review or such objective mechanism. Counties that are not ready must wait and the competition will see them nick it.
2. Politics - by this 40% progressive devolution I strictly mean
ugatuzi. Not majimbo. Why? You raise property rights because as a Gema you are besieged by history and geopolitics. Yes i know, it is edged in there between the 6ft to your gold or rubies. Federal works in mature states - not divided banana republics or powder kegs like Zamunda. I mean barely 2 years ago "Pwani si Kenya" and "People's Republic of Kenya" rent the air.
In the UK - they insist on devolution only - because the Northern Ireland secessionist IRA is our Shifta NFD and Wagalla fiesta. Devolution is fiscal autonomy. Majimbo is fiscal and
political autonomy.
3. Graft - this goes without saying. It is not about systems - blockchain or IFMIS - when the board, management all the way to the auditor, messenger and tea girl collude. Thieves are smart and until you have some level of integrity and patriotism - restrict to the tried and tested setup where a few working checks and balances exist. I mean people steal votes - how about cash? Sonko and Kibwana are unable to account for a few billions. So what if you have a county KRA in Meru, Mombasa, Kisumu, Bomet, etc
- thoroughly audit the few council fees first and learn. Anchor the do's and don'ts in the law from the lessons.