Senators push for full transfer of powers, funds, assets to counties

Senators have raised the alarm over legal loopholes and policy delays that are frustrating the transfer of critical services to county governments, calling for urgent legislative reforms to align national laws with the Constitution and fully implement devolution.

During a two-day consultative meeting in Mombasa with the Intergovernmental Relations Technical Committee (IGRTC), members of the Senate Committee on Devolution, led by Wajir Senator Sheikh Abbas Mohamed, said it was time for a comprehensive legislative overhaul to resolve contradictions and enforce a clear separation of roles.

“This meeting is not just a routine engagement. It is about operationalising the spirit of devolution,” Senator Abbas stated, stressing that devolved governments cannot be expected to deliver services without resources, legal backing, or clear guidance.

IGRTC Chairperson Kithinji Kiragu noted that the delineation of roles is now clearer following the publication of 12 Gazette Notices unbundling functions between the national and county governments.

However, he acknowledged that one key function—control of air pollution, noise pollution, public nuisances, and outdoor advertising—had been mistakenly omitted and would be included in a supplementary notice.

To address such gaps and deeper structural challenges, the Senate committee resolved to convene a broader multi-agency forum to finalise the long-delayed Omnibus Bill.

The Bill is expected to harmonise more than 94 national laws with the 2010 Constitution and the Intergovernmental Relations Act.

Key institutions—including the Office of the Attorney General, the State Department for Lands, the Council of Governors, and the Commission on Revenue Allocation—will be invited to collaborate on the draft, which will form the legal basis for transferring powers, staff, and funding for all devolved functions.

Marsabit Senator Mohamed Chute raised concerns over actions by the national government that appear to reverse the devolution process.

He criticised the merger of the National Cereals and Produce Board with the Kenya National Trading Corporation, arguing that it undermined the devolution of agriculture.

“The merging of NCPB is a clear disregard of the constitutional imperative to devolve agriculture,” said Senator Chute.

He also opposed the use of the Housing Levy to fund market construction, insisting that such funds should be channelled directly to county governments. “If there were goodwill, the money should go directly to the counties,” he asserted.

Senator Abbas further criticised counties for nepotistic hiring practices that compromise service delivery.

“It defeats the whole purpose of service delivery when counties hire 'Job Group R' graduates simply because they are related to someone influential,” he said, urging the introduction of standardised job grading and robust capacity-building programmes.

IGRTC also reported delays in the formal transfer of over 400 public buildings. Kiragu stated that reservation certificates were now being issued in collaboration with the National Land Commission, with the transfer process expected to commence in June.

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The committee raised further concerns over duplication of roles in school feeding programmes, early childhood education, and the provision of school buses. These are national functions but are being carried out by counties without formal agreements.

Kiragu noted that Article 187 of the Constitution allows for such arrangements but emphasised that they must be formalised through legally binding, time-limited agreements.

He assured senators of IGRTC’s commitment to completing the transfer of all devolved functions.

“We are not where we were five years ago. The systems are maturing. With Parliament’s support, we can align policy, law, and resources,” Kiragu said.

The committee pledged to conduct follow-up visits to counties to assess their readiness to assume new functions. They also pressed for the full implementation of the Constitution, including timely disbursement of funds and legal safeguards to prevent the undermining of devolution.