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Post Reply: Kenya Completes Transfer of All 14 Devolved Functions and Assets to Counties, President Ruto Announces

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 14, 2025, 7:30 am</div><div id="pl-7526"  class="panel-layout" ><div id="pg-7526-0"  class="panel-grid panel-no-style" ><div id="pgc-7526-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7526-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant milestone for Kenya's devolution process, President William Ruto has declared that all 14 devolved functions, along with their associated assets, have been fully transferred from the national government to the country's 47 county governments. The announcement was made during the 12th National and County Governments Coordinating Summit held at State House, Nairobi, on August 11, 2025. This development marks a pivotal step in strengthening Kenya's devolved governance system, ensuring that counties are better equipped to deliver services directly to citizens.</p>
<p dir="ltr">The transfer of devolved functions has been a complex and protracted process, guided by the Fourth Schedule of the Kenyan Constitution, which outlines the roles and responsibilities of county governments. These functions include agriculture, county health services, control of air pollution, noise pollution, public nuisances, and outdoor advertising, cultural activities, public entertainment, and public amenities, county transport, animal control and welfare, trade development and regulation, county planning and development, pre-primary education, village polytechnics, home craft centers, childcare facilities, county public works, firefighting services, and disaster management. The completion of this transfer fulfills a constitutional mandate that has been in progress since the adoption of the 2010 Constitution, which established Kenya's devolved system of governance.</p>
<p dir="ltr">President Ruto emphasized that the transfer was finalized following extensive consultations between the national and county governments, facilitated by the Intergovernmental Relations Technical Committee (IGRTC). The IGRTC, tasked with coordinating the unbundling and transfer of functions, published a series of Gazette Notices, culminating in the final legal notice on July 18, 2025. This notice formalized the transfer of all remaining functions and assets, ensuring that counties now have full control over their constitutional mandates.</p>
<p dir="ltr">Alongside the transfer of functions, significant financial and human resources have been allocated to counties to support their new responsibilities. President Ruto noted that over Sh150 billion in functions and more than Sh400 billion in assets have been handed over to county governments. This includes the transfer of 61 libraries in 2023, along with Sh425 million to cover staff salaries and operational costs. Additionally, over 400 public buildings, previously managed by national government agencies, have been transferred, with reservation certificates issued in collaboration with the National Land Commission.</p>
<p dir="ltr">The President directed that the budgets tied to these functions be incorporated into the counties' financial allocations starting in the 2026/2027 financial year, which begins in July 2026. This move aims to ensure that counties have the necessary resources to effectively execute their mandates. Treasury Cabinet Secretary John Mbadi confirmed that funds for the previous month had been released to counties, with a commitment to consistent disbursements moving forward to support service delivery.</p>
<p dir="ltr">Ruto acknowledged the fiscal constraints that have previously delayed the full implementation of devolution, including inherited fiscal vulnerabilities and challenges in revenue allocation. He stressed that these difficulties are temporary and do not reflect a lack of commitment to devolution. To address these issues, the national government is working to stabilize the economy, with notable achievements such as reducing inflation to a historic low of 2.8%, strengthening the Kenyan shilling, and bolstering foreign exchange reserves.</p>
<p dir="ltr">Legislative reforms are also underway to align national laws with the devolved system. The IGRTC identified 94 pieces of legislation with gaps that hinder devolution, and a proposed Omnibus Bill is being developed to harmonize these laws with the 2010 Constitution and the Intergovernmental Relations Act. The Senate Committee on Devolution has called for a multi-agency forum to finalize this bill, involving key stakeholders such as the Office of the Attorney General, the State Department for Lands, the Council of Governors, and the Commission on Revenue Allocation.</p>
<p dir="ltr">The transfer of functions has not been without challenges. Past disputes between the national and county governments over roles and resources have slowed progress. For instance, the Kenya Devolution Civil Society Organisations Working Group previously criticized the national government for retaining control over functions such as those managed by the Kenya Forest Service, the Water Resources Management Authority, and the Kenya Urban Roads Authority, despite constitutional mandates. In 2023, President Ruto made promises to transfer these functions within specific timelines, but delays led to skepticism about the government's commitment.</p>
<p dir="ltr">During the summit, Ruto addressed these concerns, reiterating his administration's dedication to devolution. He directed the IGRTC to continue identifying and transferring any remaining budgetary resources and to resolve disputes through alternative mechanisms to avoid costly legal battles. The President also highlighted the importance of harmonious intergovernmental relations, as outlined in Article 6 of the Constitution, to ensure sustainable devolution and support Kenya's socioeconomic transformation agenda.</p>
<p dir="ltr">The Senate Committee on Devolution, led by Wajir Senator Sheikh Abbas Mohamed, has been instrumental in advocating for the full transfer of powers, funds, and assets to counties. During a recent consultative meeting in Mombasa, the committee raised concerns about legal loopholes and policy delays that have frustrated devolution. Senators criticized actions by the national government, such as the merger of the National Cereals and Produce Board with the Kenya National Trading Corporation, which they argued undermined the devolution of agriculture. They also called for standardized job grading and capacity-building programs to address issues like nepotism in county hiring practices.</p>
<p dir="ltr">Civil society organizations, including the Kenya Devolution Civil Society Organisations Working Group, have similarly demanded accountability. They have urged the Senate and National Assembly to expedite the processing of the Omnibus Bill and ensure that counties receive the necessary revenue to operate effectively. The group has emphasized that devolution is critical for bringing services closer to the people and addressing historical marginalization.</p>
<p dir="ltr">The full transfer of devolved functions is expected to significantly enhance service delivery across Kenya's 47 counties. By clearly delineating roles between the national and county governments, the move aims to eliminate duplication and inefficiencies. For example, issues such as overlapping responsibilities in school feeding programs, early childhood education, and the provision of school buses are being addressed through formal agreements under Article 187 of the Constitution.</p>
<p dir="ltr">Devolution Principal Secretary Michael Lenasalon described the process as a progressive journey that moves from initiation to full implementation. He noted that the transfer of functions and assets brings services closer to the people, aligning with the spirit of the 2010 Constitution. Justice and Constitutional Affairs Principal Secretary Judith Pareno echoed this sentiment, highlighting devolution as one of Kenya's most transformative governance reforms, particularly for historically marginalized communities.</p>
<p dir="ltr">President Ruto's announcement marks a turning point in Kenya's devolution journey, fulfilling a long-standing constitutional promise. The transfer of all 14 devolved functions and associated assets empowers counties to take greater control over their development agendas, from agriculture and health to education and disaster management. However, the success of this milestone will depend on the timely disbursement of funds, the resolution of legislative gaps, and the commitment of both levels of government to work collaboratively.</p>
<p dir="ltr">As counties prepare to assume their full mandates by July 2026, the focus will shift to building capacity, ensuring fiscal responsibility, and addressing challenges such as corruption and pending bills. With the national government pledging continued support, Kenya's devolved system is poised to deliver on its promise of equitable and inclusive development, bringing governance and services closer to the people.</p>
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