Counties to fully assume pending Sh150bn functions by July 2026
From left: Intergovernmental Relations Technical Committee (IGRTC) chairperson Kipkurui Chepkwony, deputy chairperson Saadia Kontoma and Dr Perminus Ndimitu addressing journalists in Nairobi on 16 January 2025.
What you need to know:
- The Ministry of Roads and Transport is managing 51 functions meant for counties, valued at Sh10.9 billion while in Tourism and Wildlife, 11 elements worth Sh31 billion are still under the national government.
- The committee has recommended the full transfer of these functions to counties in line with constitutional mandates, ensuring that county governments have both the authority and resources to deliver services effectively.
Counties will fully assume all remaining devolved functions valued at over Sh150 billion by July next year, following the successful identification and allocation of corresponding human and financial resources.
This major development follows a consensus between the national government and the Intergovernmental Relations Technical Committee (IGRTC) on the delineation and unbundling of functions.
The committee’s Chief Executive Officer, Dr Kipkurui Chepkwony, said the process, initiated two years ago, was guided by the Fourth Schedule of the Constitution and involved consultations with both levels of government and other stakeholders.
This consensus led to the publication of a legal notice in December 2024, outlining the functions to be transferred.
Dr Chepkwony noted that the committee is currently engaging principal secretaries from the affected ministries to agree on the next steps.
These include determining the specific human and financial resources tied to the functions listed in the gazette notice.
“This process will pave the way for financial transfers in the financial ending June 30, 2027 budget cycle,” said Mr Chepkwony.
As a result of this shift, some mandates currently under national government agencies will become redundant.
The official said that legislative reviews by both the National Assembly and the Senate will be required to align existing laws with the evolving governance structure.
The pending functions were officially gazetted on December 16, 2024, following the completion of resource identification and allocation.
The goal of the unbundling exercise has been to clearly distinguish responsibilities between national and county governments to strengthen service delivery.
The committee’s Vice-Chairperson, Saadia Kontoma, said both levels of government collaborated extensively to build consensus.
Through this process, 94 pieces of legislation with gaps hindering devolution were identified. These legal shortcomings have been a key barrier to the full realisation of devolution and must be harmonised to align with Kenya’s devolved governance system.
Devolution Principal Secretary, Michael Lenasalon, reinforced that devolution is a progressive process.
“It moves from initiation to full implementation. This journey includes unbundling and clearly delineating roles to bring services closer to the people, as outlined in the 2010 Constitution,” he said.
Justice and Constitutional Affairs PS, Judith Pareno, added that devolution is one of Kenya’s most transformative governance reforms having brought equity and opportunity to historically marginalized communities.
In 2023, one of the key milestones was the successful transfer of library services to county governments. A total of 61 libraries were transferred, including the associated assets, staff files, and Sh425 million to cover their salaries.
However, a 2023 IGRTC report indicated that the national government is still holding onto several functions that should be managed by county governments. At least 10 devolved sectors continue to have elements retained by national ministries and agencies.
According to the report, the Ministry of Health and its agencies are still managing 45 elements of the health function valued at Sh3.2 billion that constitutionally belong to counties.
The Ministry of Water continues to handle 18 devolved elements worth Sh58 billion while that of Education has retained 52 elements.
The Energy Ministry and its agencies are managing devolved functions valued at Sh59 billion and the Agriculture docket still controls 41 elements that should be under county jurisdiction.
In the trade sector, 19 elements have been unbundled as exclusive to counties with another 18 identified as concurrent functions, all totaling Sh4.8 billion.
The Ministry of Roads and Transport is managing 51 functions meant for counties, valued at Sh10.9 billion while in Tourism and Wildlife, 11 elements worth Sh31 billion are still under the national government.
The committee has recommended the full transfer of these functions to counties in line with constitutional mandates, ensuring that county governments have both the authority and resources to deliver services effectively.