Process to transfer county functions gathers steam
From left: The Intergovernmental Relations Technical Committee (IGRTC) Chair Kithinji Kiragu, Board Member John Burungu and Angeline Honyo when they appeared before the Senate Committee on County public investments and special funds on matters of transfer of assets and liabilities in regard to water companies in Counties at KICC on March 16, 2023.
The full transfer of devolved functions to counties has moved a step closer after the agency in charge finalised the unbundling.
Intergovernmental Relations Technical Committee (IGRTC) chairperson Kithinji Kiragu said they had concluded budget rationalisation and identification of county functions pending transfer by the national government.
The process involved costing or budgeting for the functions, staff to be impacted and payroll costs, resources deployment and budget rationalisation as well as listing assets to be transferred.
Mr Kiragu explained that the next move is to prepare omnibus legislation to anchor the transfers before presenting a report— containing recommendations —to the intergovernmental budget and economic council chaired by Deputy President Rigathi Gachagua early next year.
The actual transfer, Mr Kiragu said, will happen in June next year.
“We are completing a process stipulated in the constitution, but for whatever reasons some functions have not been fully transferred. Much that was transferred has also not been operating as was envisaged by the constitution,” said Mr Kiragu.
“This exercise will assist the two levels of government to deliver effectively to the people. Neither level can do well without the other,” he added.
Governors have over the years criticised the national government for continuing to perform some devolved functions, 10 years into devolution.
Pending transfer
IGRTC Director of Programmes Victor Odanga agrees with the county chiefs, saying that beyond the gazette notices, some functions have not been fully transferred or operationalised by county governments. He said there is no devolved function that has not been gazetted, but their transfer has been pending.
Mr Odanga added that resources have also not been linked with the already transferred functions.
“Ten years down the line, we need to put the issue of transition to rest. We must address these concerns with finality. Resources must follow functions and not the other way,” he said.
The multi-agency technical task teams established by IGRTC to guide the final unbundling processes identified duplication, contradictions and conflicting roles as some of the challenges facing the transfer of functions.
In the health sector, the agency identified duplication of functions at the two levels of government, with the functions of control of drugs and pornography yet to be unbundled. The national government has also been faulted for being both the policymaker and implementer, especially on donor funds.
For agriculture, existing laws give the responsibility for transferred functions to the national government, resulting in an overlap.
