Devolution summit moves to unlock functions standoff

President William Ruto has moved to resolve the long-running impasse between the national and county governments over the control and transfer of multi-billion shilling devolved functions.

 During the 12^th ordinary session of the National and County Governments Coordinating Summit held on Wednesday and chaired by the President, leaders directed that the dispute be fast-tracked to ensure clarity on roles and funding.

In its communiqué, the summit tasked the Intergovernmental Relations Technical Committee (IGRTC) with hastening the unbundling and delineation of all contested functions earmarked for transfer to counties.

 It further directed the Commission on Revenue Allocation and the National Treasury to verify the financial resources tied to these functions and use the findings to guide allocations through the Division of Revenue Act for the 2026-27 financial year.

 The standoff has persisted for years, with county governments accusing the national government of holding onto functions that were constitutionally devolved.

 An initial valuation conducted by IGRTC indicated that functions still being performed by national entities—despite falling under county jurisdiction—were worth Sh272.2 billion.

 Governors maintain the continued centralisation of these roles has undermined service delivery, resource utilisation and the spirit of devolution.

 IGRTC has previously identified several pieces of legislation requiring amendment to fully anchor the devolved system.

 In November 2023, the committee gazetted elements of 65 functions for transfer following extensive stakeholder engagement.

 These included forestry, mining, cinemas, video shows and hiring, betting and gambling oversight, water and sanitation services, street lighting, county abattoirs and fisheries extension services.

 Additional functions lined up for transfer include plant disease control, animal husbandry, solid-waste management, veterinary services (excluding professional regulation) and ambulance services.

 Governors have also pressed for the devolution of roads functions managed by the Kenya Rural Roads Authority (KeRRA) and the Kenya Urban Roads Authority (KURA), arguing that counties oversee most roads and require corresponding resources for rehabilitation and expansion.

 They have similarly sought to take up energy-related roles currently handled by the Rural Electrification and Renewable Energy Corporation, despite the legal and technical complexities involved.

 However, the notice was immediately recalled amid protest reports from the ministries, department and agencies that were set to surrender the functions.

 The summit further resolved that counties will work jointly with relevant state agencies, including IGRTC, to secure legal ownership of all transferred fixed and movable assets.

 It also directed Prime Cabinet Secretary Musalia Mudavadi to work with the Speakers of the National Assembly and the Senate to ensure the stalled Intergovernmental Relations (Amendment) Bill, 2024, is concluded.

 The State Department for Devolution, the Council of Governors, IGRTC and the Office of the Attorney General were mandated to develop regulations required to guide the preparation and submission of the summit report to Parliament and county assemblies as required under the Intergovernmental Relations Act.

 The meeting also sought to resolve the dispute surrounding county bursaries.

 Counties have recently clashed with the Controller of Budget after being blocked from issuing bursaries on grounds that education—particularly primary, secondary, and tertiary—is not a devolved function.

 The summit directed IGRTC to finalise all pending intergovernmental participatory agreements on bursary administration within 14 days to provide a clear framework.

 Addressing the persistent cash-flow crisis in counties, the summit ordered the National Treasury to release funds promptly each month.

 It directed that all personnel emolument costs be disbursed to County Revenue Fund accounts by the third day of every month.

 The Controller of Budget was also instructed to expedite approvals, while counties must ensure all statutory deductions are settled by the ninth day of the month.

 The resolutions mark a significant step toward unlocking long-standing intergovernmental disputes and strengthening devolution more than a decade after its introduction.