President William Ruto has taken direct action to end the long-standing power struggle between the national government and counties over multi-billion shilling devolved functions.
During the 12th National and County Governments Coordinating Summit held at State House on Wednesday, and chaired by the President, leaders agreed to accelerate efforts to clearly define responsibilities and funding for devolved roles.
According to the summit’s communiqué, the Intergovernmental Relations Technical Committee (IGRTC) has been instructed to fast-track the unbundling and clarification of all disputed functions that should already be under county control.
The Commission on Revenue Allocation and the National Treasury were also tasked with confirming the financial resources tied to these functions. Their findings will inform the 2026–27 Division of Revenue Act to ensure counties receive the correct allocations.
For years, counties have accused the national government of retaining powers that were constitutionally devolved. An IGRTC valuation earlier found that functions still being handled by national agencies—despite belonging to counties—are worth an estimated Sh272.2 billion.
Governors argue that the centralisation of these roles has weakened service delivery, led to inefficiencies, and gone against the spirit of devolution.
IGRTC has previously flagged several laws that need amendments to properly support the devolved system. In 2023, the committee gazetted elements of 65 functions for transfer after consultations with stakeholders. These functions included forestry, mining, betting and gambling oversight, water and sanitation, street lighting, fisheries extension, cinemas and video shows, among others.
More roles awaiting transfer include animal husbandry, plant disease control, solid waste management, veterinary services (excluding professional regulation), and ambulance services.
County leaders have also insisted that roads under KeRRA and KURA be moved to county control, saying counties manage most local roads and should therefore receive the accompanying funding.
They have further pushed for energy functions currently in the hands of the Rural Electrification and Renewable Energy Corporation, despite associated legal hurdles.
However, some ministries and state agencies resisted surrendering these roles, forcing a temporary recall of the earlier gazette notice.
In fresh resolutions, the summit directed counties to work closely with IGRTC and relevant state agencies to secure legal ownership of all transferred assets—both movable and fixed.
It also tasked Prime Cabinet Secretary Musalia Mudavadi with collaborating with parliamentary leadership to finalise the stalled Intergovernmental Relations (Amendment) Bill, 2024.
The State Department for Devolution, IGRTC, Council of Governors and the Attorney General’s office were mandated to draw up regulations guiding how summit reports should be forwarded to Parliament and county assemblies.
Another key issue addressed was the conflict over county bursaries. Counties have faced pushback from the Controller of Budget, who argued that issuing bursaries falls under non-devolved education functions. The summit gave IGRTC 14 days to complete all remaining agreements to ensure a clear framework for bursary administration.
To resolve chronic cash-flow delays, the summit ordered the National Treasury to release county funds consistently and on time. Personnel emoluments must now be deposited into County Revenue Fund accounts by the third day of every month, while counties are required to settle statutory deductions by the ninth day. The Controller of Budget was similarly instructed to speed up approvals.
The resolutions signal a renewed push to untangle long-running disputes and strengthen the devolution framework more than a decade after it was introduced.
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