Doctor Legum - LLD / Kenya adopted a new Constitution in 2010, with devolution of political power, responsibilities and resources to newly created counties as its centrepiece and most transformative aspect. Devolution was intended to address the many governance, economic and development problems of the country, which arose from the long history of a highly centralised, undemocratic and inequitable system. The main problem, however, is how to give effect to the stated intent of the Kenyan people and make devolution as envisaged, a reality. This is compounded by the fact that devolution’s constitutional design has its provisions spread across and permeating the entire Constitution. Thus, the main aim of this thesis was to give a coherent and purposeful interpretation of the constitutional provisions on devolution in order to realise the objectives and intent of the Kenyan people. This study has advanced the argument that the central nature of devolution and its intended objectives can be realised through a purposive interpretation. This entails the practical realisation and application of the constitutional provisions by identifying the objects and purposes of devolution and giving effect to them. Such interpretation draws on textual, structural, contextual and historical elements. The Constitution is interpreted as a whole, taking into account both intra-textual and extra-textual context, including the social, economic, political and cultural context of the country in its historical and contemporary dimensions. Comparative law, especially the South African jurisprudence and scholarly commentaries, provided instructive lessons, given the significant textual similarities between the Kenyan and South African constitutional provisions on devolution. A coherent and purposive interpretation has demonstrated that devolution was adopted to promote and advance democracy and accountability; development and service delivery; equity and inclusiveness; and limitation of centralised power. This is reflected in the values, objects and principles of devolution, which are not only aids for the interpretation of other provisions of the Constitution but also themselves operative provisions demarcating the limits of powers of the two levels of government. The interpretation demonstrates that the Constitution creates two distinct governments that must conduct their intergovernmental relations in a cooperative manner. The county governments are relatively autonomous; are represented in selected decision-making at the national level, through the Senate; and have both exclusive and concurrent powers. Although they have limited revenue-raising powers comprising property rates and entertainment taxes, they are entitled to a share of the revenue raised nationally as equitable shares and conditional or unconditional additional grants. The national government, however, has some limited and circumscribed supervision powers. These conclusions have been arrived at by interpreting the devolution- and county-empowering provisions liberally, broadly and generously in favour of the counties and devolution, and the national government intervention and devolution limiting provisions narrowly and strictly against the national government. In this process, the South African case law has been very useful in giving content to the purposive interpretation.

Magister Legum - LLM / Tensions have arisen in Kenya’s devolved system between the Senate - the body representing the sub-national units at the national level and the county governors. The magnitude of the problem is such that it has motivated a publisher in Nairobi, to ‘capture the moment’ by way of a comic book. This is in a bid to fathom the nature and cause of the problem in a fun way for the public good, and to seek to find solutions to the volatile relations. These conflicts threaten to rock Kenya’s nascent devolved system. As figure 1.1 below demonstrates, there is almost a boxing match between the senator and governor. In such an antagonistic atmosphere, realising the full fruits of devolution would become a nearly impossible mission. In first cartoon, the two ‘titans,’ a governor and senator, are seen in a boxing ring ready to take on each other. The senator is portrayed as an enraged aggressor, eager to strike, while the exasperated governor appears to be more on the defensive. Mr Knowings, a neutral character and the narrator of the comic book stands between them, ostensibly as a referee. The second cartoon portrays the senator in a more casual carefree manner, almost like a rogue, holding what could be money in his hands, perhaps an indication of the power that the Senate wields over the county government finances and its oversight role. The governor, on the other hand, is depicted as a smartly dressed, more sober individual, with documents tucked beneath his arms and holding what appears to be a pen in one hand, ostensibly ready to fulfil his executive functions. In the subsequent discussions, this depiction falls into place when the roles of the governor and senator are examined and the causes of the conflicts analysed. Similar to the Mr Knowings, this research study seeks to explore, albeit on a more serious note, the nature and causes of these conflicts, what the law provides concerning the relationship between senators and governors and how the conflicts can be avoided or resolved. Who, if at all, is the ‘bad guy’ here? This study sets to find out.

CDPs are an overlooked component of the metropolitan region, and add to the understanding of the region as a whole. Large CDPs that remain unincorporated have other forms of governance, either public or private. CDPs are equivalent to incorporated places in many ways, but have distinctive differences based on state and region. Large CDPs have reasons for not incorporating. A subset of these CDPs that are similar to Boomburbs are examined. Implications for planners regarding CDP existence are discussed. / Master of Urban and Regional Planning

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Syftet med uppsatsen är att utifrån Sveriges förändrade agenda avseende samhällets beredskap att hantera kriser, studera krisberedskapsprocessen på regional och lokal nivå genom informantintervjuer av nyckelbefattningar inom länsstyrelse och kommun. Uppsatsen svarar genom en deskriptiv fallstudie med kvalitativ metod av länsstyrelser och kommuner på frågeställningarna: Hur genomförs den komplexa krisberedskapsprocessen vid regional och lokal nivå samt vilket behov av stöd kräver krisberedskapsprocessen? I studien sammanställs en empirisk krisberedskapsprocess vilken jämförts med den normativa krisberedskapsprocesen genom att använda Lundqvists (1992) implementeringsteori baserad på Förstå, Kan, Vill. Studiens mest signifikanta resultat är att en väl utvecklad samverkan har identifierats mellan aktörer på regional och lokal nivå. Studien har funnit viss liknelse mellan den empiriska krisberedskapsprocessen och Lundqvists Policyprocessens stadier med förvaltningens huvuduppgifter. Även om informanterna upplever vissa problem inom krisberedskapen, finner vi att aktörerna genom ett stort engagemang anses kunna hantera krisberedskapsprocessen. / The purpose of this essay is to examine the crisis management process in the context of Sweden’s changed agenda in terms of community preparedness to crisis management. The study is conducted through interviews with key positions at county governments and municipalities. Through a descriptive case study using a qualitative method the essay answers the following question: How is the complex crisis management process performed at county and local level and what requirements of support does the crisis management process demand? The results from the interviews were compiled to an empirical crisis management process and with help of Lundqvist´s (1992) implementation theory based on Understand, Can, Will, compared to the normative crisis management process. The most significant conclusion of the essay is a well evolved collaboration has been identified in the relation between actors at regional and local level. The study has found certain parables between the empirical crisis management process and Lundqvist´s Policy process stages with main tasks in administration. Even though the informants experience some problem within the crisis management, we find that the actors due to a great dedication are able to handle the crisis management.