Development of the Policy on the Devolved System of Government in Kenya
The State Department of Devolution, with support from KDP, conducts a review of the 2016 Policy on the Devolved System of Government on February 6-7, 2024.
The State Department for Devolution (SDD) has been supporting the implementation of Kenya’s devolved system of governance by developing policies, laws, guidelines, and regulations in collaboration with relevant institutions. This aims to ensure coherent devolution and support for county governments. The SDD continues to improve coordination among stakeholders, including ministries, commissions, agencies, county governments, the public, and development partners, to enhance devolution based on lessons from the past decade. With support from the Kenya Devolution Programme (KDP) – Timiza Ugatuzi, implemented by Act Change Transform (Act!) through technical assistance, the SDD convened Multi-Agency Technical Committee meetings to review the 2016 Policy on the Devolved System of Government. The policy serves as the key framework for guiding both government and non-state actors on devolution matters. The policy is anchored in the Constitution of Kenya (2010), the 2012 Sessional Paper on Devolved Government, and national governance principles.
The KDP Intergovernmental Specialist addresses the audience at the Nairobi Rivers Commission (NRC) validation meeting for the 2023-2027 Strategic Plan, an initiative supported by KDP and SDD.
The policy aims to update the Devolved System of Government Policy (2016) to address emerging gaps, weaknesses, and changing dynamics that hinder optimal service delivery. Its goal is to align both national government and county governments’ policies with the current issues and trends in the devolved system of governance. While recognising the achievements of the 2016 devolution policy, this new policy also addresses the evolving needs and priorities identified during the review of devolution implementation in Kenya, which have limited the system’s full potential. These challenges are grouped into key thematic areas, including institutional capacity, human and financial resources, and intergovernmental relations, with mechanisms proposed to address each issue.
SDD develops a framework to clarify concurrent functions under Article 186(2) of the Constitution, streamlining responsibilities between National and County Governments.
This policy document is divided into the following chapters
Chapter 1 describes the background to the review of the devolution policy and underscores Kenya’s experience with decentralisation since pre-independence. It outlines the implementation of devolution in Kenya and provides the rationale for the policy review.
Chapter 2 presents a situational analysis of devolution in Kenya, offering insights into the current framework governing it. It delves into an in-depth review of the legal and policy framework and the prevalent challenges, revealing gaps between policy and practice, and highlights the critical areas requiring attention to enhance the effectiveness of governance.
Chapter 3 discusses the policy objectives, strategies, interventions and measures aimed at empowering and harnessing the potential of the devolved sector while contributing to the country’s sustainable social and economic development.
Chapter 4 provides the coordination and implementation framework and identifies the various stakeholders and their roles in implementing the policy.
Chapter 5 provides for monitoring and evaluation of the implementation of this policy, the resource mobilisation strategies that will be put in place to enable sufficient funding for the policy, the communication, publicity and information sharing regarding the implementation of the policy will be undertaken provides for the mid-term and end-tern review of the policy.
Principal Secretary of State Department for Devolution, Mrs. Teresia Mbaika, CBS addresses the audience at a validation meeting supported by KDP and SDD.
The SDD formally submitted the Draft Policy to the Office of the Deputy President, where the SDD is domiciled, for onward transmission to the Office of the Attorney General (AG), which will present it to the Cabinet for consideration. The AG is submitting the Draft Policy on behalf of the SDD as they do not have a Cabinet Secretary. Once the Cabinet approves, the policy will inform the implementation of devolution. The Policy ushers in the next phase of consolidating the gains of devolution, clarifying and strengthening the national and county governments’ roles and responsibilities for effective service delivery. It uses the experience gained since 2010 to make devolution work more effectively and efficiently for Kenyans. The review of the Policy on Devolved System of Government was finalised among the FY 2023/24 Performance Targets by June 30, 2024, set by the State Department for Devolution.
