64 MOSES M. IKIARA, ANNE M. KARANJA AND THEO C. DAVIES
party with the largest number of councillors The NCC has had majority of councillors
from national opposition parties since 1992. This coupled with the power accorded to
MOLG (run by the ruling party) over LAs and the fact that LA decisions are made
through consensus rather than majority vote have created fertile ground for sabotage
with decision-making being very difficult. Furthermore, the NCC has been bogged
down by perpetual competition, among groups of councillors, for the coveted mayoral
seat. The councillors whose demands are often anything but altruistic hold the mayor,
once elected, hostage.
Strengthening and empowerment of LAs has been a recurring policy intention since
the mid-1980s. Recent policy documents (including Budget Speeches and the ‘Interim
Poverty Reduction Paper for the period 2000-2003’) spell out various reforms, such
as reduction of the role of Central Government, streamlining of financial management
(including revenue sharing programs, and the strengthening of the local revenue mobi-
lisation capacity), and greater community participation in service delivery, planning
and project implementation. These policies are at different stages of implementation
although the political will is still inadequate. LAs are now receiving a share of the
Road Maintenance Levy Fund (Republic of Kenya, 2000). In addition, the Local
Authority Transfer Fund (LATF) Act came into effect in July 1999 and the first quar-
terly disbursements to the LAs were made in January 2000. LATF has received 2
percent of income tax collections (about Kshs 1.2 billion) in the first year but this is
expected to rise to 5 percent in subsequent years
New initiatives have also been taken in the legal domain. The Environmental Manage-
ment and Coordination Act (1999) is the first attempt at a national solid waste manage-
ment law. The Act entitles Kenyans to a clean and healthy environment, and
empowers them to sue for improper solid waste management. With respect to solid
waste management the new environmental law:
- Prohibits improper discharge and disposal of wastes;
- Requires licensing (by the National Environmental Management Authority,
NEMA) of waste transportation, establishment of waste disposal sites and genera-
tion of hazardous waste; and - Requires waste generators to apply measures for minimisation of waste such as
treatment, reclamation, and recycling.
The penalty for violation of the new solid waste management provisions is fairly
deterrent, being imprisonment for up to 2 years and/or a maximum fine of Kshs 1
million (US$ 132,000). The new law is, furthermore, laudable as it provides opportu-
nity for licensing of private firms competing with the NCC for solid waste collection.
Since implementation of the new law is yet to begin, however, only time will tell how
well it works.