Authored By: David kariuki Karimi
Mount Kenya University
ABSTRACT
This document aims to look at the progress made in realizing devolution since the promulgation of the new constitution which introduced devolution. It sets out why devolution is important in a country that embraces democracy in that power is vested in the people.This means that resources should also be available to the people and that all those people who hold power are just custodians of the people.
It also outlines the hit and misses of devolution and how institutions can be strengthened by having visionary leaders who have goodwill of the people .A visionary society without visionary leaders can be equated as a lamp without oil to make it burn which eventually makes the lamp useless. This is why I have set out what is eating up devolution in our country and which you will find intriguing to find.
INTRODUCTION
Man used to live in solitude and individualism. However, he realized that there were some people who had more strengths than others, hence leading to the vulnerability of the weak. He decided to consolidate those powers in a common fund, which was not to function on its own, but was to be placed in the hands of a few individuals to be exercised for the benefit of all persons.[1]This led to the emergence of governance. However, if unguarded, the few powerful people in governance would continue to exploit the weak and vulnerable .This is why we have devolution which aims to decentralize resources from the National level to the county level.
Devolution has been a major milestone in our country. It was first traced in 1963, where we had Majimboism, which divided executive powers between the central government and several regional governments.However,it was not successful[2]The clamor for a new constitution was deliberated by many factors, and of them was because of a highly centralized government at the time, where resources were distributed in terms of ethnic affiliation, hence leading to ethno-regional development inequalities, marginalization of some communities and also the failure to involve the people in matters of governance especially by those in power.[3] The main aim of this document is to look at the Hit and misses of devolution and how we can forge forward as a country in fully realizing devolution in Kenya .
CRITICAL ANALYSIS
The primary objective of decentralization was to devolve power, resources and also representation down to the local level and also involving the people in matters to do with governance.[4]Today, devolution is evolving progressively, although there are challenges facing its full realization.
After the promulgation of the new constitution, Kenya made a major stride in devolution. Article 1(4) established the two levels of government which include the national level and the county level[5].In addition, Article 6(2) continued to spells out that the governments at the national and county governments shall be distinct and interdependent, and shall conduct mutual relations on the basis of consultation and cooperation[6].These articles of the constitution clearly showed a major shift in governance, since power was delegated from the national level to the county level.
In 2013, we saw a new age of leadership with 47 governors, we also saw 14 functions of the national government being transferred to the county governments which include; preprimary education, county public works and services, cultural activities, public entertainment and public amenities and also some part of health services[7].
10 years after devolution
There are several gains which have been made post the advent of devolution in Kenya, it created a platform for social development. A good example is Makueni county which developed and funded a local universal healthcare coverage scheme which enabled increase to affordable health care for local residents. Once registered under the Makueni care, households could access services free of charge at government owned hospitals. Household were only required to pay ksh 500 for registration to the program [8].
One of the Objects of devolution was to protect and promote the interest and rights of minorities and marginalized communities.[9] Section 97 of the County governments Act of 2012 also spells out that a county government, public or private institution shall observe Protection of marginalized and minority groups from discrimination and from treatment of distinction of any kind including; language, religion, culture, social origin, or any other status.[10]
Devolution has over the years involved marginalized communities in taking up leadership roles in government. Within the composition of county assemblies, we have a member of county assembly nominated to represent marginalized groups, including persons with disabilities, minorities and also youths.[11]
However, corruption still became prevalent and it seemed as if we had devolved corruption. In the case of Moses Kasaine lenolkulal & another vs Republic [2024], Justice Nzioka convicted the former governor of pocketing more than ksh 83 million from the devolved unit for supply of fuel products by using proxies from his oryx service station. He was also found guilty of unlawfully acquiring public property.[12]This is contrary to section 45(1) of the anti-corruption and Economics crime Act of 2003.[13]There are also other governors who have been impeached from office, including Ferdinand Waititu and Evans Kidero.
Misplaced priorities have also been a major setback in devolution, where county representatives are mostly diverting funds to recurrent expenditure. little attention is given to development. The controller of Budget revealed how counties are spending money on joyrides, amounting to 6.6bn. A good example is Samburu County which spent a total of ksh 7.8 million on nine officers to attend training on leadership in Ethiopia.[14]
Recommendations and Conclusion
The progress made in devolution has been transformative, and for as to make an extra step towards fully realizing it, we need to offer capacity building to county officials so that they are trained on how to manage resources effectively. Counties should also adopt mechanisms to monitor the use of funds and delivery of services, and civil societies are also advised to engage in oversight and accountability.[15]It is also imperative to note, all parties should give an enabling environment to undertake their role in governance.[16]
LIST OF SOURCES
Statutes
Anti-corruption and Economic crimes Act 2003 s,45(1)
Cons, Art 6(2)
County Government Act 2012, s 97.
The Constitution of Kenya 2010, Art 1(4)
Case laws
Moses Kasaine lenolkulal & another vs Republic [2024]
Books
Onyango p, Devolution made Simple (First published 2012, Friedrich-Ebert-Stiftung) 9
Journal Articles
Mutakha Kangu, ‘The Social Contractarian Conceptualization of the Theory and Institution of Governance’ (2007) Moi University Law Journal 1(2)36.
Peter Wanyande/Tom Mboya, Devolution: The Kenya case, (2016) Strathmore Law Journal 2(1) 149
Samuel Ngige, Devolution in Kenya: ‘The good, the bad and the Ugly, Public Policy and Administration Research, 9(6) .2019
Online journals Articles
Mang’eni Nabwire Linda, ‘A Critical Analysis of the concept Majimbo in Kenya’s Political Circle’ (2018) international journal of language and linguistic 5(3)133
Steve Nguru, ‘Constitution of Kenya’ (2015) http://www.ustawi.info.ke/index.php/devolution/devolution-under-the-new-constitution/19-devolution
Shaheen Nilofer, ‘why devolution must work for Children Youth Women and Marginalized Groups’ (2023) Unicef https://www.unicef.org/kenya/press-releases/why-devolution-must-work-children-youth-women-and-marginalized-groups-
Thinkwell.Global, ‘A review of Makueni care’ (2019) https://thinkwell.global/wp-content/uploads/2020/02/Makueni-Care-Brief-2019_10_09-Final.pdf
Winnie Momanyi, Empowering County Public Service Through Capacity (2024) KIPPRA Building’(https://kippra.or.ke/empowering-county-public-service-through-capacity-building/
Blogs
Githinji, Functions of the County Government in Kenya (Afrocare,6 Jan 2022) https://blog.afro.co.ke/role-of-county-governments
Newspapers
Samuel Owino, ‘How counties splashed ksh 6.6bn on joyrides ‘Nation Newspaper (March 7 2025)
[1] Mutakha Kangu, ‘The Social Contractarian Conceptualization of the Theory and Institution of Governance’ (2007) Moi University Law Journal 1(2)36.
[2] Mang’eni Nabwire Linda, ‘A Critical Analysis of the concept Majimbo in Kenya’s Political Circle’ (2018) international journal of language and linguistic 5(3)133 https://www.researchgate.net/publication/328483441_A_Critical_Analysis_of_the_Concept_Majimbo_in_Kenya’s_Political_Circle
[3] Peter Wanyande/Tom Mboya, Devolution: The Kenya case, (2016) Strathmore Law Journal 2(1) 149
[4] Steve Nguru, ‘Constitution of Kenya’ (2015) Ustawi http://www.ustawi.info.ke/index.php/devolution/devolution-under-the-new-constitution/19-devolution
[5] The Constitution of Kenya 2010, Art 1(4)
[6] Const, Art 6(2)
[7] Githinji, Functions of the County Government in Kenya (Afrocare,6 Jan 2022) https://blog.afro.co.ke/role-of-county-governments
[8] Thinkwell.Global, ‘A review of Makueni care’ (2019)
[9] Shaheen Nilofer, why devolution must work for Children Youth Women and Marginalized Groups (2023) Unicefhttps://www.unicef.org/kenya/press-releases/why-devolution-must-work-children-youth-women-and-marginalized-groups-
[10] County Government Act 2012, s 97.
[11] Patrick O. Onyango-Paddy, Devolution made Simple (First published 2012, Friedrich-Ebert-Stiftung) 9
[12] Moses Kasaine lenolkulal & another vs Republic [2024]
[13] Anti-corruption and Economic crimes Act 2003 s,45(1)
[14] Samuel Owino, ‘How counties splashed ksh 6.6bn on joyrides ‘Nation Newspaper (March 7 2025)
[15] Winnie Momanyi, Empowering County Public Service Through Capacity (2024) KIPPRAhttps://kippra.or.ke/empowering-county-public-service-through-capacity-building/
[16] Samuel Ngige, Devolution in Kenya: The good, the bad and the Ugly, Public Policy and Administration Research, 9(6) .2019
