By Chinasaokwu Helen Okoro
The Kenya president’s order, if implemented, would end the prolonged infighting between the national and county governments over proper revenue sharing and pending transfer of functions that began in 2013.
During a meeting with Kenyan governors, President William Ruto ordered the transfer of all pending budgets and functions that are still being held by the national government to counties.
“This transfer will help improve governance, service delivery and intergovernmental cooperation,” Ruto told the governors during the meeting in Nairobi, assuring them that his administration fully supports devolution as a “key pillar of governance”.
The impasse with the national government has threatened to cripple county functions.
The governors have been raising concerns for the last 14 years, criticising the national government for holding onto key devolved functions like health, agriculture and rural roads development.In 2023, a report by the Intergovernmental Relations Technical Committee (IGRTC), whose mission is to resolve disputes between the central and county governments, found that at least 10 county functions worth KSh272.2bn ($2.1bn) that should have been decentralised, were still being held by the central government.
The devolution that we fought for has so many enemies. There are many who don’t want it to succeed .
Other functions that the Ruto government now plans to fully leave in the hands of the governors by July 2025 include disaster management, public works, transport, natural resources and environmental conservation.
Similarly, Ruto has ordered the disbursement of all pending equitable share of revenue to all counties, after the Council of Governors (COG), warned that lack of funds from the national government was likely to disrupt service delivery in the units.
However, this is not the first attempt by Ruto to pledge the transfer of functions.In 2023, during the annual Devolution Conference, he ordered the functions to be transferred within 60 days, but that is yet to happen.
Wajir governor Ahmed Abdullahi, who chairs the COG, recently revealed that the national government had not disbursed KSh63.6bn for the October and November 2024 allocations, forcing governors to take loans from local banks to pay employee salaries.
The constitution gives the minimum threshold on the amount of equitable revenue to be allocated to all counties as 15% of all national revenue collected annually.
Enemies of devolution’In November, Veteran opposition leader Raila Odinga said devolution was under threat and being frustrated by the “enemies of devolution”. He questioned why the Ruto government was hesitant to fully facilitate the functions of the devolved government and disburse county funds in time, in accordance with the constitution.
“The devolution that we fought for has so many enemies. There are many who don’t want it to succeed,” Raila said, without mentioning names.
Last year, the Azimio coalition leader accused Ruto of “plotting to kill devolution” as well as introducing regional and county commissioners to undermine the political leadership structure.
To earn the lost trust among Kenyans over many unfulfilled promises, Ruto now has an opportunity to implement what he announced this time around, says Samuel Olando, a social-economic rights specialist and executive director of NGO Pamoja Trust, which monitors implementation of health and housing projects.
He tells The Africa Report that if Ruto’s promise is fully implemented, it will eliminate “unhealthy competition between the national and county governments” and deal with “duplication of duties” by the central and county governments.
“Kenyans want to see functions like health, road constructions being done by their Governors,” Olando says, arguing all these will be materialised if the national government keeps its word on release of county funds in time.
Kenya’s Structure under the 2010 Constitution, Kenya has two levels of governments; the national government led by the President from the capital Nairobi and County governments led by the Governors.
Kenya has 47 county governments, each with its own parliament comprising members of county assemblies (MCAs) who legislate and debate regional laws as well as ministers appointed by governors
.Both county assemblies and county executives/ministers enjoy autonomous powers from the national government to decide the development projects in the regions of their jurisdiction.
The central and county governments are required by law to cordially cooperate for the purpose of exchanging information and consulting on policies and administrative matters.
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