Failure to surrender Sh272b devolved functions crippling counties, report says

IGRCT chairperson Kithinji Kiragu. [File, Standard]

The national government is yet to surrender devolved functions worth Sh272.2 billion to county governments even as the 2024 deadline looms.

A report by the Intergovernmental Relations Technical Committee (IGRTC) shows that 10 years after devolution, the functions are still being undertaken by ministries, departments, and agencies.

IGRTC chairperson Kithinji Kiragu, while tabling the report before the Senate Devolution committee, said the national government was holding onto the functions contrary to the constitution.

Kiragu said the Sh272.2 billion had been arrived at after a progressive unbundling and costing process of the devolved functions that are yet to be submitted to counties. The chair called for the timely release of the functions to counties.

County functions

"The constitution provides that the functions are to be transferred to the county governments together with all their attendant resources, including budgets, personnel, and other assets," said Kithinji.

He however explained that the figure is yet to be verified by the National Treasury, saying the agency's report was a preliminary one.

The report said the Health ministry is holding onto a majority of functions meant for release to counties which stood at 45. In the education docket, 52 elements belong to county governments and have also been recommended for transfer to the devolved units.

"Under education, the national government is restricted to education policy, standards, curricula, and examinations while implementation of pre-primary education, village polytechnics, home craft centres, and childcare facilities is a mandate of the county governments," read the report in part.

The Water ministry is also performing 18 elements of devolved water functions with a total budget of Sh58 billion. Under the Energy ministry, functions worth Sh59 billion are yet to be surrendered to counties.

There is also the Agriculture ministry holding onto 41 functions valued at Sh105 billion, Trade ministry holding onto 19 elements with 18 more having been identified in the unbundling process and worth Sh4.8 billion.

The Ministry of Transport and Roads is holding onto 51 elements belonging to the county governments valued at Sh10.9 billion.

"The responsibility related to the national government is constructing and operating trunk roads and provision of standards for the construction and maintenance of other roads by the counties," adds the report.

Yet to be surrendered

Under the Ministry of Tourism and Wildlife, conservation functions worth Sh31 billion are yet to be surrendered to counties.

Kithinji is now calling on the Senate's intervention to ensure the complete transfer of the devolved functions and the necessary resources for their effective implementation.

"There is a need for both levels of government to reach a consensus on the timelines for the transfer of the functions. Political goodwill between both parties is however required to expedite the process.

"We also urge parliament to incorporate the funds into the County Allocation Revenue Act," said the IGRTC chair.