The Azimio-One Kenya Alliance Coalition has opposed President William Ruto’s decision to deploy Community Health Promoters (CHPs) to the 47 counties.
In a statement on August 27, Azimio said Ruto’s decision is against the Constitution of Kenya, 2010 which is marking its 14th anniversary.
The Coalition said the Constitution is a supreme document that stands as the cornerstone of Kenya’s democracy, justice, and equality.
However, Azimio stated that various challenges have emerged in the implementation and interpretation of the Constitution.
Among the implementation gaps listed by Azimio include devolution issues. The Coalition said the counties have faced challenges in their operations.
“While the Constitution decentralized power to county governments, there have been challenges in the equitable distribution of resources, delayed disbursement of resources to the devolved units, capacity building at the county level, and conflicts between national and county governments,” he said.
The Opposition also accused the national government of interfering with devolved functions. Azimio singled out Ruto’s move to appoint CHPs stating that it should be a function of the counties.
“Since the adoption of the devolved system of government with health as one of the major devolved sectors, the national government has continued to interfere. For example, the recent recruitment of community health workers by the National Government in the County Governments,” Azimio said.
Additionally, Azimio said certain laws required by the Constitution have been delayed, affecting the realization of specific rights and functions.
The opposition explained that completion of the full transfer of functions together with the commensurate resources is yet to be achieved 14 years later.
Azimio Defends Judiciary Independence
Besides, Azimio raised concerns about attempts by the executive branch to undermine the independence of the judiciary, including budgetary constraints and public criticism of the decisions from the courts.
The Coalition said there have been calls for more robust mechanisms to ensure accountability and integrity within the judiciary.
Human Rights & Freedoms
According to the Coalition, balancing national security and individual freedoms has been contentious, with cases where anti-terrorism laws and measures have been criticized for infringing on civil liberties.
Azimio criticized police abductions and illegal detentions against the express provisions of the Constitution.
The Coalition slammed government’s attempts to criminalize the people’s right to assemble, demonstrate, picket, and petition authorities as provided for in Article 37 of the Constitution.
“For example, the police brutality witnessed during the recent protests against the Finance Bill, 2024, and the attempt to introduce a punitive anti-demonstration Bill by the Mbeere Member of Parliament,” Azimio said.
Further Azimio noted that there is continued inequality, discrimination adding that the rights of special interest groups, including persons with disabilities, Youth, women, and marginalized communities, have not been fully realized.
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Electoral System & Political Representation
Azimio noted that the electoral process remains fraught with challenges, including allegations of voter fraud, election violence, and the need for more transparent and credible election management.
The Coalition said the two-thirds gender rule remains a historical challenge particularly affecting women of Kenya in elective and appointive positions.
Corruption & Governance
Azimio explained that the enforcement of the strong constitutional provisions against corruption remains weak.
Additionally, the Coalition said corruption and mismanagement of public resources remain a bad culture in Kenya’s system of governance.
“Mismanagement and embezzlement of public funds remain significant issues, with devolution sometimes exacerbating these problems at the county level,” Azimio said.
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Public Participation
The Coalition argued that many citizens feel excluded from meaningful involvement in decision-making processes despite the Constitution promoting public participation in governance.
Azimio mentioned the recent Court of Appeal ruling that the Finance Act, 2023 is unconstitutional due to a flawed public participation process.
“The Finance Act, 2024 was rejected by the public due to a lack of meaningful public participation in its enactment,” the Coalition said.
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