An intergovernmental agency responsible for the transfer of functions is this week expected to release a roadmap for the transfer of devolved roles to the county governments.
The Intergovernmental Relations and Technical Committee (IGRTC) is set to unveil the plan that will see all devolved functions still being performed by the state released to the counties by next year.
“We have at the back of our minds that in the course of next year, through the processes of supplementary budget and human resource management, we will have in the course of next year, the actual transfer of resources,” IGRTC chairman Kithinji Kiragu said.
Devolution stakeholders, especially governors, have often complained that the national government was still holding onto several functions that are meant for counties.
IGRTC is currently holed up in a 10-day exercise with devolution stakeholders to identify the functions for transfer.
Among those attending are senior technical officers in the ministries, departments, agencies, parastatals and county governments.
The retreat, which is taking place in Naivasha, seeks to unbundle the functions, identify accompanying resources and laws that need to be changed for a smooth transfer.
“In terms of resources, we are identifying facilities, assets and equipment as well as human resources that need to accompany these functions,” he said.
The stakeholders are also determining the budget that will follow the functions.
“We have anticipated that there will be an omnibus legislation and these are matters we have discussed even with the senate to carter for legal changes that will be required,” Kiragu said.
“There are cases where we will need specific amendments and we will have to bring bills."
However, the stakeholders’ resolution will be subjected to validation and ratification by Intergovernmental Budget and Economic Council (IBEC) chaired by Deputy President Rigathi Gachagua.
This will pave the way for the Summit, a top intergovernmental body agency chaired by President William Ruto to give final endorsement for the functions to be transferred.
“We have a timetable within which to package our resolutions and decisions which need to be ratified by IBEC this year and Summit, this year or very early next financial year,” Kiragu said.
"On the back of that, we are also presenting to them implementation plans for the decisions that will be made. They can of course modify."
IGRTC committee member Linet Mavu said the functions, that do not require changes to the existing laws, will be transferred through legal notice.
“We expect that mid-way, we can be producing some legal notices because low-lying fruits that we can handle through legal notices. There are some functions that are quite easy to just do away with,” Mavu said.
The move comes at the time the senate commenced an audit of anti-devolution laws with a view to amending them ahead of the planned transfer of devolved functions to county governments.
The Senate’s Devolution and Intergovernmental Committee, which is carrying out the review, has revealed that the initial audit has identified 63 pieces of legislation that are a clawback on devolution.
The panel chaired by Wajir Senator Mohamed Abass is examining all laws existing before the promulgation of the 2010 constitution to identify those that require to be amended to align with the supreme law.
“As a result of the initial audit, a total of 63 laws were found to still contain provisions that are facilitating a clawback on devolution and need to be amended, reviewed, or repealed to be aligned to the Constitution,” Abass said in a report to the Senate.
The committee projects there are more than 150 laws that need to be tweaked to realign them with the Constitution but the exact number will be known at the end of the audit exercise.
“Our consultation with the Kenya Law reform commission suggests that the laws may be in excess of 150 in number,” Abass said in the report.
(Edited by Tabnacha O)