Mombasa: The Senate Standing Committee on Devolution and Intergovernmental Relations has held deliberations with the Intergovernmental Relations Technical Committee (IGRTC) to address concerns raised in Gazette Notice 219 dated 16th December 2024 regarding the transfer of devolved functions to county governments. The consultative meeting, held in Mombasa, focused on the status of 18 state corporations previously earmarked for transfer to counties, in line with the devolution framework established under the Constitution of Kenya 2010.

According to Kenya News Agency, Senator Mohamed Chute of Marsabit County, a member of the committee, emphasised the Senate’s commitment to ensuring full devolution of the identified functions. ‘The Cabinet had agreed that all 18 state corporations should be transferred to counties. However, they have now changed tune and declined six of these to be devolved, while another six have been cleared for devolution. The remaining are pending further action,’ said Senator Chute.

He added that the Senate is seeking to engage the National Treasury, Council of Governors, IGRTC, and other relevant stakeholders in July to assess the progress of function transfers and the corresponding budgetary allocations. ‘We want clarity on which functions remain with the national government, which ones have been devolved, and whether counties are receiving adequate funding for those already under their mandate,’ he said.

Senator Chute also noted plans to consult the Office of the Attorney General and propose legislation to ensure the transfer of the 18 functions is legally binding and irreversible. Addressing the issue of Constituency Development Fund (CDF), Senator Chute reiterated the Senate’s position that the fund should be administered at the county level. ‘CDF is a function of the Executive. The role of the legislature is oversight, legislation, and representation. If the National Assembly passes a bill retaining CDF at the constituency level, we will oppose it in the Senate,’ he stated, arguing that development projects should be managed by county governments.

Committee Chairperson Senator Mohamed Abass expressed concern over the slow pace of devolution, 15 years since its inception. He noted that key functions, including health, agriculture, water, and urban development, remain largely under national government control, contrary to constitutional provisions. ‘Although these functions are constitutionally devolved, the national government continues to retain significant resources and control,’ said Senator Abass. ‘For example, the Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KeRRA) were to be devolved, but the government is now considering merging them into a single entity to maintain central oversight,’ he added.