Background

The Constitution of Kenya created a devolved system of governance, replacing the centralized system that came before it. This established two levels of government, distinct but interdependent, as part of a global trend toward moving power, responsibility and resources closer to the people for better service delivery and accountability. The Fourth Schedule of the Constitution assigns functions to both levels of government.

The defunct Transition Authority (TA) facilitated the transfer of devolved functions to county governments under the Transition to Devolved Government Act, 2012. The IGR Act, 2012 is the legal foundation enabling the management of intergovernmental relations. The Act established the Intergovernmental Relations Technical Committee (IGRTC) as the state agency mandated for the day to day administration of the National and County Governments Coordinating Summit (the Summit) and the Council of County Governors (COG). IGRTC is also responsible for taking over the residual functions of the defunct TA.

Devolution provides for the sharing of power, resources and decision-making down to the grassroots level.

The implementation of a change of this magnitude has not been without its challenges, which have often resulted in inter- and intra-governmental disputes. Articles 6(2) and 189 of the Constitution uphold the principle of intergovernmental relations through consultation, cooperation and coordination between and among the two levels of government in the discharge of their mandates.

Intergovernmental Relations Structures

The structures established for deepening devolution include: