Kenya

TABLE 3.1 Distribution of functions between national and county governments in Kenya

NATIONAL GOVERNMENT

1. Foreign affairs and policy; international trade 2. Use of international waters and water resources 3. Immigration and citizenship 4. Relationship between religion and state 5. Language policy 6. National defense 7. Police services 8. Courts 9. National economic policy and planning 10. Monetary policy, currency, banking 11. National statistics and data 12. Intellectual property rights 13. Labor standards 14. Consumer protection and social security standards 15. Education policy, standards, curricula, examinations 16. Universities, tertiary educational institutions, primary schools, secondary schools, and special education institutions 17. Promotion of sports and sports education 18. Transport and communications, including national trunk roads, roads standards 19. National public works 20. Housing policy 21. General principles of land planning and coordination of county planning 22. Protection of the environment and natural resources 23. National referral health facilities 24. Disaster management 25. National historical monuments 26. National elections 27. Health policy 28. Agricultural policy 29. Veterinary policy 30. Energy policy and regulation 31. Capacity building and technical assistance to the counties 32. Public investment 33. National betting, casinos, and gambling 34. Tourism 1. Agriculture, including (a) crop and animal husbandry, (b) livestock sale yards, (c) county abattoirs, (d) plant and animal disease control, and (e) fisheries 2. County health services, including (a) county health facilities and pharmacies; (b) ambulance services; (c) promotion of primary health care; (d) licensing and control of food; (e) veterinary services (excluding regulation of the profession); (f) cemeteries, funeral parlors, and crematoria; and (g) refuse removal and dumps, solid waste disposal 3. Control of pollution and other public nuisances 4. Cultural activities 5. County transport, including (a) county roads, (b) street lighting, (c) traffic and parking, (d) public road transport, and (e) ferries and harbors 6. Animal control and welfare 7. Trade development and regulation, including markets, trade licenses, local tourism, cooperative societies 8. County planning and development, including (a) statistics, (b) land survey and mapping, (c) boundaries and fencing, (d) housing, and (e) electricity and gas reticulation and energy regulation 9. Preprimary education, village polytechnics, homecraft centers. and childcare facilities 10. Implementation of specific national government policies on natural resources and environmental conservation 11. County public works and services, including (a) storm water management systems in built-up areas, and (b) water and sanitation services 12. Fire-fighting services and disaster management 13. Control of drugs and pornography 14. Ensuring and coordinating the participation of communities in governance at the local level and assisting communities

Source: Fourth Schedule, Constitution of Kenya 2010. COUNTY GOVERNMENTS

agriculture, early childhood development and education (ECDE), health, water, and urban development. In many sectors and subsectors, the distribution of service delivery and related functions has unfolded relatively smoothly.

Human and financial resources have been devolved to counties alongside administrative decision-making powers (as discussed in detail in other sections of this report). Counties are provided with a significant share of national revenues through the equitable share, and over 100,000 national and former local authority civil servants were transferred to counties to deliver services. Although counties have only limited revenue-raising powers, they have autonomy to allocate the equitable share across sectors according to local priorities.

However, there continue to be areas of dispute over service-delivery functions between national and county governments, especially relating to infrastructure investment. As shown in table 3.2, while the Fourth Schedule of the Constitution provides overall normative guidance on the two-tiered distribution of service-delivery responsibilities, there are areas where responsibility for service delivery between national and county governments is not carried out in