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Tag: Devolved functions

  • Counties to fully assume devolved functions in the 2026–2027 budget cycle

    Counties to fully assume devolved functions in the 2026–2027 budget cycle

    Counties are expected to fully take over all functions delineated in Kenya Gazette Vol. CXXVI – No. 219 of 16th December 2024, following the identification and allocation of corresponding human and financial resources.

    The delineation of these functions was undertaken by the Intergovernmental Relations Technical Committee (IGRTC), aimed at clarifying responsibilities between the two levels of government.

    Speaking during a sensitization meeting with Principal Secretaries on the Gazette Notices regarding the transfer of pending devolved functions, IGRTC CEO Dr. Kipkurui Chepkwony noted that the process initiated two years ago has been guided by the Fourth Schedule of the Constitution.

    He emphasized that it has been a consultative exercise involving both levels of government and other key stakeholders, culminating in a consensus that informed the publication of the legal notice in December last year.

    The meeting aims at sharing insights on the progress made by IGRTC on the process including key issues or elements that were not agreed upon and were set aside which the committee with stakeholders are currently finalizing to agree on the issues of seek interpretation from the constitutional experts to give direction.

    According to the IGRTC CEO, the meeting with Principal Secretaries aimed to agree on the next steps, which include identifying the attendant resources both human and financial linked to the functions and elements outlined in the gazette notice.

    This process will pave the way for financial transfers in the upcoming 2026–2027 financial year.

    Dr. Chepkwony further affirmed that, as a result of the transfer of functions, some mandates currently held by existing government agencies will become redundant.

    This shift will necessitate legislative reviews by both the National Assembly and the Senate to align laws with the new governance structure.

    IGRTC Vice Chairperson Saadia Kontoma emphasized that the process involved Multi-Agency Task Teams working in the spirit of harmonious intergovernmental relations.

    She noted that both levels of government collaborated to build consensus during the unbundling of functions. Through this process, 94 pieces of legislation with gaps hindering devolution were identified.

    These gaps, she said, posed a setback to the full realization of devolution and require harmonization to align with the devolved system of governance.

    While officially opening the sensitization workshop, Principal Secretary for the State Department for Devolution, Michael Loikenu Lenasalon, reiterated that devolution is a progressive process that moves from inception to full actualization.

    This journey includes delineation and unbundling of functions to ensure services are delivered closer to the people, with clearly defined roles and responsibilities for both national and county governments as outlined in the Constitution of Kenya, 2010.

    Judith Pareno, Principal Secretary for Justice and Constitutional Affairs in the Office of the Attorney General, affirmed that devolution remains one of the most transformative developments in Kenya’s governance framework.

    She highlighted that it has brought equity and equality to historically marginalized communities.

    The final transfer of functions to counties, she noted, affirms the President’s commitment as stated in his inaugural speech to ensure that all devolved functions are fully handed over to the county governments.

  • All devolved functions to be transferred by end of February

    All devolved functions to be transferred by end of February

    The transfer of all remaining devolved functions as stipulated under the Constitution will be complete in a month’s time according to the Intergovernmental Relations Technical Committee (IGRTC).

    The committee exuded confidence that it would meet the set deadline of February even as the national and county governments continued bickering over some functions.

    This came as the committee called on the two levels of government to coordinate and cooperate; noting that failure from any of the two could adversely affect service delivery.

    In the last couple of months, the national and county governments have differed on some functions with the affordable fertilizer programme, Universal health care and affordable housing being the top.

    According to IGRTC Chairman Kithinji Kiragu, they were working on the final report which was expected to be ready by the end of February.

    He said that majority of the functions had already been devolved as per the constitution adding that the committee would meet its set deadline for the remaining functions.

    “The President had given us 60 days to make sure that all pending devolved functions are transferred to counties and we shall meet that by the end of February,” he said.

    Kithinji was addressing the press in Sawela Lodge in Naivasha during a validation meeting for stakeholders on the proposed transfer of functions.

    “We have seen the national and county governments work together in the ongoing affordable housing and the universal health care programmes and this is the way to go,” he said.

    The committee vice-chair Saadia Kontoma said that they had managed to resolve tens of disputes between the two levels of government through alternative dispute resolution.

    She said that the committee had managed to resolve six functions which has been a bone of contention between the national and county governments.

    “As part of resolving the disputes, we made sure that we built consensus between the two levels of governments as part of improving service delivery,” she said.

    This was echoed by Linet Mavu, the chair of functional analysis, costing and transfer who said that the twelve committees were fine-tuning the final report.

    “We have 12 thematic areas that have some pending issues and these are being addressed by various committees so that we can meet the set deadlines,” she said.

    Judy Oduma from ACT organization lauded the committee for a well done job which was part of strengthening devolution adding that they would continue supporting the process.