UNIVERSITY OF NAIROBI

FACULTY OF LAW
GPR 459: CONTEMPORARY SOCIOLEGAL ISSUES IN THE DEVELOPMENT IN
THE LAKE REGION

DEVOLUTION

CONTEMPORARY SUB-GROUP 1
NAME REG. NO.
1. NYOWINO FELIX OUMA G34/3888/2021
2. OTIENO ALEX G34/3887/2021
3. FESTUS AKIMEDI G34/3859/2021
4. ELINA AWUOR DOLA G34/3890/2021
5. JOHN LENDA G34/3874/2021
6. ROSE WAVINYA NDUNGWA G34/3756/2021
7. MUSYOKA ANNAH MBULA G34/3777/2021
8. DENNIS OROBO ABERE G34/142001/2021

DATE SUBMITTED 30TH APRIL 2025.

1. INTRODUCTION
Devolution is a system of decentralization for development. Devolution was spurred up by the
resolve that the centralized government has failed in the elimination of the regional development
programs and by the challenges in Kenya that have been mainly associated with bureaucratic
inefficiencies, lack of accountability and transparency, unequal distribution of national resources
and minimal community participation in local development, amongst others 1. Article 174(a) to
(i) further gives the objects of devolution to be summarily as follows; promote democratic,
accountable governance and to foster national unity while recognizing diversity. Devolution
empowers communities with self-governance, protects the rights of minorities and marginalized
groups, and promotes social and economic development through accessible services and
equitable resource distribution. It also aims to decentralize State functions from the capital and
strengthen checks, balances, and the separation of powers2. From the centralized governance that
had been before the promulgation of the new constitution, the people yearned for a more
equitable distribution of national resources and an end to development inequalities between
regions of the country, fueled largely by ethnicity. Devolution is at the heart of the new
Constitution and a key vehicle for addressing spatial inequities. A more decentralized
government makes eminent sense given Kenya’s diversity and past experience with political use
of central power. Decentralization has been increasingly seen and adopted worldwide as a
guarantee against discretionary use of power by central elites, as well as a way to enhance the
efficiency of social service provision, by allowing for a closer match between public policies and
the desires and needs of local constituencies3. Kenya’s Constitution entrenches devolved
government by guaranteeing a minimum unconditional transfer to counties under the new
dispensation. Due to devolution, counties are considered better suited than the national
government to deliver social services because they have unique challenges and possess local
knowledge to effectively address them . An example is some counties still need to improve access to
basic health services, while more developed urban counties are dealing with emerging health
issues, particularly non-communicable diseases like diabetes and cancer. Given these significant
differences, offering a uniform set of services across the entire country would not be practical.
And even if there are no dramatic improvements in service delivery, people prefer to make

1
Mukabi Fredrick Kahunya et al, ‘Devolved Governance in Kenya; Is it a False Start in Democratic Decentralization
for Development?’
2
Constitution of Kenya, 2010, Art 174
3
Ibid
decisions themselves rather than following directions imposed by a central government. With a
constitutional guarantee of unconditional transfers from the center, Kenya’s counties will have
the means and the autonomy to begin to address local needs, and their citizens will be more able
to hold them accountable for their performance4.

[Link] elements of decentralization.

There are three key elements of decentralization; political, fiscal and administrative autonomy.
The political and the administrative autonomy interlink with each other. Administrative
decentralization is the transfer of responsibility for the planning, financing and management of
certain public functions from the central government and its agencies to field units of
government agencies, subordinate units or levels of government, semi-autonomous public
authorities or corporations or regional or functional activities. The main objective of
administrative decentralization is the strengthening of field administrative units of civil service
of the country, including building efforts at the national and local levels 5. Political
decentralization entails a movement away from a monocentric to a polycentric structure of
political power and takes two forms, horizontal, where institutions that promote separation of
power and accountability of the executive for its actions such as the legislature and the courts are
strengthened and the vertical decentralization, involving assigning powers to local government
structures. The main objective of political decentralization is greater citizen’s participation and
higher levels of accountability to the citizens. This leads to institutional responsiveness in service
delivery and low levels of corruption in government 6. Fiscal decentralization involves the
transfer of financial resources from the central government to autonomous local agencies. It may
be done directly through assignment of tax powers to facilitate the decentralized agencies to
implement their responsibilities. Alternatively, it may be done indirectly through financial
deregulation where regulation of financial institutions is shifted away from the major capitals. It
is important to note that fiscal decentralization is rarely designed in isolation but accompanies
both administrative and political decentralization7.

[Link] of devolution as a contemporary socio-legal issue in the lake region.

4
Ibid
5
Mutakha Kangu, ‘Understanding Devolved Governance in the Constitution of Kenya of 2010,’ Lecture Materials.
(2011).
6
Ibid
7
Ibid
The following are the relevance of devolution in the lake region;

1.2.1. Socio-Economic Transformation

The reintroduction of devolved governance in Kenya in 2010 is based on democratic and
development values such as empowerment, citizens’ participation, stability, transparency, and
accountability. It is seen as a suitable mode of governance through which poverty reduction
interventions can be conceived, planned, implemented, monitored, and evaluated 8. Devolution
aims to facilitate greater participation of communities in problem analysis, project identification,
planning, implementation, as well as oversight, which in turn will increase ownership and the
likelihood of sustainability of such initiatives. This participatory approach is crucial for socio-
economic transformation as it ensures that development efforts are aligned with local needs and
priorities9. From an economic point of view, devolution permits governments to match the
provision of local public goods and services with the preferences of local recipients. It also
allows for the formulation and implementation of regional or sub-regional economic
development plans within the context of national goals, enabling development strategies to be
targeted more accurately towards the specific needs of particular communities and areas of the
economy, such as the Lake Victoria region with its unique economic activities. The objects of
devolution in Kenya include the promotion of social and economic development and the
provision of proximate, easily accessible services throughout Kenya. This is directly relevant to
the socio-economic transformation of the Lake Victoria region by ensuring services are tailored
to local needs.

1.2.2. Legal Empowerment

The Constitution of Kenya, 2010, which introduced devolution, is considered one of the most
transformative aspects of the Constitution. It has ushered in a "Second Republic," reflecting the
people’s desire for change, government accountability, and democracy. The Public Finance
Management Act, 201210, enacted to facilitate devolution, aims to ensure that public officers are
accountable to Kenyans through Parliament and the county assemblies. This promotes
transparency and accountability, which are essential for legal empowerment and good
governance at the local level.

8
David Ochieng, ‘The legal Framework for Devolution in Kenya’
9
Ibid
10
Public Finance Management Act, 2012
 1.2.3. Localized Governance
Devolution in Kenya establishes two levels of government: the national government and 47
county governments, which began operating after the 2013 elections. This structure inherently
promotes localized governance by transferring authority for decision-making, finance, and
management to these sub-national units. County governments in Kenya, which would constitute
the governance structures within the Lake Victoria Economic Block region, elect their own
governors and county assemblies, raise their own revenues, and have independent authority to
make investment decisions. The Constitution of Kenya, 2010, recognizes that the two levels of
government are distinct and interdependent and will conduct their mutual relations based on
consultation and cooperation. This framework allows for localized decision-making while
maintaining national cohesion. The objects of devolution explicitly include giving powers of
self-governance to the people and enhancing their participation in the exercise of the powers of
the State and in making decisions affecting them, as well as recognizing the right of communities
to manage their own affairs and to further their development. These objectives directly support
localized governance.

[Link] of devolution in addressing historical marginalization and inequalities

Historically, both colonial and post-independence governments centralized power and resources
in Nairobi, leading to the exclusion of many regions and communities from political participation
and equitable development. This centralization fostered regional disparities, with some ethnic
and geographic groups enjoying disproportionate access to state resources and opportunities,
while others remained systematically disadvantaged11. Devolution seeks to address these
historical injustices by decentralizing power and resources from the national government to 47
county governments. This structural shift is designed to democratize governance, enabling
previously marginalized communities to participate directly in decision-making processes
affecting their development. By bringing government closer to the people, devolution enhances
local accountability and responsiveness, making it possible for counties to prioritize their unique
needs and challenges12. A key mechanism for addressing inequalities under devolution is the
equitable sharing of national revenue and the establishment of the Equalisation Fund. These
financial instruments are intended to uplift marginalized areas by improving access to basic

11
Caleb M Khisa et al, ‘Regional Disparities and Marginalization in Kenya’
12
Ibid
services such as health, education, water, and infrastructure. The Commission for Revenue
Allocation (CRA) identifies marginalized areas and guides the distribution of resources, ensuring
that counties historically left behind receive targeted support to bridge development gaps 13.

[Link] Scope of discussion.

This paper will focus on the 14 counties that are within the lake region economic block. It will
also evaluate the legal, governance and policy issues that affect these counties. This research will
rely on scholarly literature materials that espouse the concept of devolution in Kenya.

2. HISTORICAL AND LEGAL CONTEXT

2.1. Overview of centralized state governance under colonial and post-
independence Kenya
2.1.1. Under colonial rule
The entry of colonial rule in the 1890s led to the consolidation of the present-day territory of
modern Kenya and marked the beginning of formal governance structures. 14While the Kenyan
territory was declared as an area of British influence from the 1870s, it was not until 1895 that
the British Government formally took over its administration and set up administrative structures
throughout the territory.15 The colonial government established regions (Provinces) and districts
that were headed by Provincial Commissioners and District Commissioners respectively. 16

To ensure effective control at the local level, the British government passed a law (The Village
Headman Ordinance of 1902) which empowered the Provincial Commissioner to appoint village
headmen.17 In 1912, another colonial law, the Native Authority Ordinance, was passed, which
expanded the powers and functions of village headmen. The 1912 ordinance also gave powers to
the Provincial Commissioner to appoint chiefs, under whom village headmen or village councils
would operate.18
The broader system of local government (distinct from the system of Provincial Administration)
followed after the establishment of provinces and districts. From 1905, European settlers who
had arrived in Kenya formed informal committees in areas of the territory set aside for European

13
Ibid
14

15
Ghai YP & McAuslan JPWB Public law and Political Change in Kenya (1970) 5.
16
ibid
17
Regulations No. 22 of 1902 (Village Headmen).
18
See Ghai & McAuslan (1970) 40; Akivaga et al. Local Authorities in Kenya (1981) 24-25
settlement. The committees were meant to represent the collective interests of farmers and other
settlers and negotiate on behalf of the settlers with the colonial government.19

2.1.2. Post-independence
When Kenyan leaders met at the independence talks that were held at the Lancaster House in
London, an agreement was reached to have a semi-federal system of government (Majimbo). 20
The Independence Constitution provided for the establishment of eight regions (Coast, North
Eastern, Rift Valley, Nyanza, Western, Eastern, Central, and Nairobi (the capital) as a special
region). Each of the regional governments was to be headed by a President who the
representatives in the regional assembly indirectly elected. 21 The Constitution created a civil
service led by civil secretaries to the regions in charge of public administration. During the
transition to independence, the Provincial Commissioners from the colonial era were to act as
heads of civil service in the regions.22 At the national level, the Senate represented the regions
that were part of Parliament. The senators were elected from the 40 districts, and the Nairobi
region (total of 41 senators) represented the interests of the regions (much the same as the current
Senate and the 47 counties).23However, this system of government lasted only a short time. The
KANU government, which won the independence election, frustrated the operationalization of
the Majimbo and finally sponsored a series of constitutional amendments in Parliament that
weakened the regional system of government before eventually abolishing it in 1966.24
At independence, Local Government Regulations were developed, which guided the operations
of the local authorities that were unified from racially segregated local government structures of
the colonial era.25 The regulations remained in place until the Local Government Act was passed
in 1977.40 In the post-independence period, the four types of local governments were
maintained.

19
Smoke P Local Government Finance in Developing Countries: The Case of Kenya Nairobi: Oxford University Press
(1994) p. 65-6
20
Section 91, Independence Constitution; Part II of Schedule 11 to the Independence Constitution, the regions
were Western, Nyanza, Coast, Rift Valley, Central, Eastern, North-Eastern, and Nairobi
21
Sections 92, 94 Independence Constitution
22
Section 116, Independence Constitution.
23
Section 240 (1) (d) Independence Constitution.
24
G Muigai (with Dan Juma) Power, Politics and Law: Dynamics of constitutional change in Kenya, 1887-2022,
(2022), p. 196-204
25
Oyugi WO ‘Local government in Kenya: a case of institutional decline’ in Mawhood P (ed) Local Government in
The Third World: The Experience of Tropical Africa (1993) 126
First, county councils generally corresponded to the 40 administrative district boundaries
established across the country. Secondly, major urban areas became municipal councils managed
separately from the county councils. Thirdly, town councils were established for the smaller
urban areas. Fourthly, urban councils (also referred to as county divisions) were established for
much smaller areas that could later grow into town councils. Nairobi remained a city council
under a Royal Charter of 1952. Functions that were performed by the local authorities included:
health, education, road maintenance, markets, slaughterhouses, water and sanitation, and street
lighting. In practice, the pre-2010 local authorities engaged in garbage collection, maintenance of
markets, and maintenance of local roads. A few larger and older municipalities ran primary
schools and health services.26 There needed to be more differentiation of the roles performed by
the different local authorities. Furthermore, the local authorities required administrative approval
by the central government, through the Minister of Local Government, to perform any of the
functions.27

2.2. Legal and policy failures that led to centralization (e.g. Provincial
Administration)
Post-independence local governments faced several challenges highly linked to centralisation
policies that impacted their operations and effectiveness, particularly limiting their autonomy.
For example, while local governments were in charge of health services, the newly independent
government decided to scrap hospital user fees without consultation with local
governments.28 The central government also directly negotiated with the teachers’ union for
salary increments without involving local authorities. Yet, local authorities were in charge of
paying the salaries. Local authorities generally struggled with performing their services as a
result of a series of central government decisions and the underfunding of local authorities.29
Significant attempts were made in the mid-1990s to reform the local government system. 30The
reforms included the enactment of the Local Authority Transfer Fund Act (LATF Act), which
replaced the Local Service Charge. LATF provided for 2-5 percent of the national income tax to
be allocated to local authorities.62 A policy was prepared to guide the allocation to local
26
Local Government Act, Cap. 265 Laws of Kenya (repealed)
27
Republic of Kenya ‘Report of the Commission of Inquiry on Local Authorities in Kenya: A strategy for local
government reform in
28
Oyugi WO Local Government and Development in Kenya (1978) p. 25-27.
29
Southall R & Wood G ‘Local government and the return to multi-partyism in Kenya’ (1996) 95 African Affairs 509.
30
Kenya Local Government Reform Programme commenced in 1995 under the Ministry of Local Government.
authorities; the Local Authorities Service Delivery Action Plan (LASDAP). 31 The LASDAP
sought to ensure community and public participation in project identification and prioritization,
transparency, the appropriate allocation between recurrent and development expenditures, and
general efficiency, as a condition to accessing funds. The local government reforms, which the
World Bank supported, led to some progress in the local authorities. The local authorities got
more revenue to boost service delivery. The conditions under LASDAP, such as having service
delivery plans in place and meeting statutory obligations such as remittance of statutory
deductions and public participation bore some fruit. However, the reforms were confronted by a
centralised bureaucracy, especially at the Ministry of Local Government, which slowed down
reforms and affected efficiency.32
The challenges experienced by the local authorities led to a rapid decline in the provision of local
services. Essential services such as water supply, waste management, and other urban services
suffered from neglect. Parliament enacted the Constituency Development Fund Act in 2003 to
plug this gap. The Fund comprised 2.5 percent of national revenue and funds disbursed through
parliamentary constituencies.33 Regulation and management of the Fund was by a CDF Board.
Still, MPs had the ultimate decision-making power on all aspects of the Fund, including funding
proposals. The MP was the patron of the Fund and was in charge of coordinating community
participation in identifying projects and submitting the same to the projects committee, which in
turn forwarded them to the national CDF Board.
After the promulgation of the Constitution of Kenya 2010, the constitutionality of the
Constituency Development Fund was challenged in court. The parties that brought the case
argued that the objectives of the fund (supporting local service provision) conflicted with the
objectives of the devolved system of government.34 In August 2022, the Supreme Court declared
the CDF unconstitutional because the fund was in breach of the principle of separation of powers
(primarily due to the role of legislators in its operations) and had the potential of infringing on
county government functions.35 The period before 2010 witnessed a proliferation of nationally/

31
Cifuentes M ‘Better services for all: The impact of LASDAP in an informal settlement in Nairobi’ in Kibua &
Mwabu (2008) 23
32
Tostensen A and Scott JG Kenya Country Study Bergen – Norway: The Chr. Michelsen Institute (1987), quoted in
Chitere & Ireri (
33
Constituency Development Fund Act, 2003.
34
The Institute for Social Accountability and another v The National Assembly and 3 others, Supreme Court Petition
No. 1 of 2018
35
ibid
centrally managed funds dedicated to various aspects of local service delivery. This was in a bid
to address the local service delivery gap that was left after the collapse of the local government
system. Funds that were established during this period included the Free Primary Education Fund
(FPE), the Constituency Education Bursary Fund (CEBF), the Rural Electrification Programme
Levy Fund (REPLF), and the Roads Maintenance Levy Fund (RMLF), among others.
The pre-2010 system of local government and decentralisation was implemented in a governance
culture that was defined by central government domination and the subordination of local
authorities to the central government. The attempts to reform local government and make
districts the focal points of development planning and service delivery largely failed due to
centralized local planning and development control. More significantly, decades of centralised
planning and decision-making created a governance culture of domination over local planning
and development processes. This culture has emerged as a challenge to implementing the
devolved system of government, whose core features include county autonomy in decision-
making and performance of their functions and a new governance culture based on cooperation
between the national government and county governments. The World Bank, for instance, has
remarked that “National MDAs [Ministries, Departments, and Agencies] are finding it difficult
to make the transition from a former “command and control” line ministry modus operandi to a
quasi-federal model … they are accustomed ordering the introduction of policy or standards
rather than acting as national custodians who need to “negotiate” policy implementation and
regulation with semiautonomous county governments.”36

2.3. Impact on development and local autonomy in the Lake Region

For many years, Kisumu city was sinking under garbage that remained uncollected or was
dumped on streets. From 2017, the county government of Kisumu embarked on an ambitious
process of solid waste disposal in the city. Kisumu city generates an average of 500 tonnes of
waste a day.37 Most of the waste ended up in dumping sites across the city, and in the main
Kachok Dumpsite near Nyalenda area. The dumpsite had become full, an eye sore, and required
urgent action. A new dumpsite in Kasese area of Muhoroni Sub-County was identified. The
process of decommissioning Kachok Dumpsite began.543 The county government is in the

36
4 Abdu Muwonge, Timothy Stephen Williamson, Christine Owuor, and Muratha Kinuthia Making Devolution
Work for Service Delivery in Kenya World Bank (2022), p. 55
37
Interview with Salmon Orimba, CECM Environment and Acting CECM Lands, Kisumu County Governmen
process of completing the rehabilitation of the Kachok Dumpsite. The mountain of garbage was
removed and the dumping site converted into a green park.
Kisumu generates approximately 500 tons of waste each day. In order to manage part of this, the
County Government has partnered with private entities that recycle solid waste by using the
biodegradable waste to produce biogas and other byproducts such as organic fertilizer. 38Biogas
International, the investor who has partnered with Kisumu County Government, manages to
recycle only 7 percent of the total solid waste that is generated in the City. 39 While it is a small
step in the management of solid waste currently, such a measure has a great potential to assist in
prevention of population and enhancing environmental protection within the City.

[Link] Foundation of Devolution – Constitution, Statutory;

Article 1 of the Constitution, which recognizes that all sovereign power belongs to the people,
provides that the power is vested in, among other state organs and institutions, legislative
assemblies in the county governments40 and the executive structures in the county
governments.41 The Constitution further recognizes under the first article that sovereign power
of the people is exercised at the national level and the county level. Article 6 of the Constitution,
which is titled “Devolution and access to services,” also provides fundamental guidance on the
place of devolution in the Constitution of Kenya 2010; it recognizes boundaries of the 47 county
governments as the internal state unit boundaries of the Kenyan territory. 42 Article 6(2) of the
Constitution lays down a critical operational principle for the devolved system of government at
both national and county levels. It states that “the governments at national and county level are
distinct and interdependent and shall conduct their mutual relations based on consultation and
cooperation.” This provision elevates the constitutional status and place of the county
governments and their structures, and the national government is required to negotiate and
consult with county government structures instead of controlling and directing county
governments.
The Constitution further states that a national state organ shall ensure reasonable access to its
service in all parts of the Republic, so far as it is appropriate to do so having regard to the nature
38
Interview with Project Manager, Biogas International
39
Reusing, recycling to stop plastic pollution in Lake Victoria’ Infornile [Link] reusing-
recycling-to-stop-plastic-pollution-in-lake-victoria
40
Article 1(3)(a) Constitution of Kenya, 2010
41
Article 1(3)(b) Constitution of Kenya, 2010
42
Article 6(1) Constitution of Kenya, 2010
of the service.43 Access to services is, thus, not limited to county government institutions and
services offered by county governments; there is a constitutional requirement that all institutions,
national or county, ensure access to services is extended to all parts of the country. This point is
reinforced under the devolution objectives in Article 174 of the Constitution of Kenya 2010.44
Article 10 of the Constitution, titled “National Values and Principles of Governance,” lists
binding values and principles to all state organs, state officers, public officers, and all persons
who apply or interpret the Constitution, who enact or interpret or apply any law, or who makes/
implements public policy decisions. Among the principles and values under Article 10 is
“sharing and devolution of power.”
The structures of devolved government are especially entrenched and protected in the
Constitution; the Constitution provides that any amendment that relates to “the objects,
principles, and structure of devolved government” shall have to be approved by a national
referendum.45
The Supreme Court of Kenya in In the Matter of the Speaker of the Senate &
another46 succinctly captures the overall constitutional significance of devolution under Kenya’s
post-2010 constitutional dispensation. The Senate had approached the Supreme Court for an
advisory opinion on whether it should (as the representative of county governments) play a role
in enacting the Division of Revenue Bill, which divides resources between the national and
county governments. The Court stated that:
“… vast segments of the Kenyan population felt that they were victims of the state, either in
terms of political repression, or in terms of developmental exclusion. Thus, the Constitution of
Kenya, 2010 was attractive to a large number of Kenyans for many reasons. In particular,
devolution was instrumental in mobilizing support for the Constitution in the referendum,
because many people perceived its dispersal of economic and political power as an act of
liberation. There is a large section of our society for whom the new Constitution is coterminous
with devolution. It denotes self-empowerment, freedom, opportunity, self-respect, dignity and
recognition. This perception is captured succinctly in the principles and objects of devolution
…”47
43
Article 6 (3) Constitution of Kenya, 2010
44
Article 174(h) Constitution of Kenya, 2010
45
Article 255 (1) (i) Constitution of Kenya, 2010.
46
[2013]eKLR
47
The concurring judgment of Chief Justice Willy Mutunga, at para. 123 of the judgment.
 2.5. Objectives and purpose of the devolved system of government

Article 174 of the Constitution lists down nine objectives that the devolved system is
meant to serve, these are:

a) To promote democratic and accountable exercise of power;

b) To foster national unity by recognizing diversity;
c) To give powers of self-governance to the people and enhance the participation of the
people in the exercise of the powers of the state and in making decisions affecting them;
d) To recognize the right of communities to manage their own affairs and to further
e) their development;
f) To protect and promote the interests and rights of minorities and marginalized
communities;
g) To promote social and economic development and the provision of proximate, easily
accessible services throughout Kenya;
h) To ensure equitable sharing of national and local resources throughout Kenya;
i) To facilitate the decentralization of state organs, their functions and services, from the
capital of Kenya;
j) To enhance checks and balances and the separation of powers.

Article 175 provides for the principles of devolved government, and these are: County
governments shall be based on democratic principles and separation of powers; County
governments shall have reliable sources of revenue to enable them to govern and deliver services
effectively; and that no more than two-thirds of the members of representative bodies in each
county government shall be of the same gender. The principles listed under Article 175 seek to
further reinforce and reify the objects of devolution under Article 174. The effectiveness of
county governments depends on whether they are allocated adequate resources to provide
services and address the needs of their citizens. Furthermore, the requirements for gender equity
in appointive and elective positions address the historical marginalization of women from
governance and ensure equity in governance, representation, and decision-making.

[Link] of the Lake Region Economic Bloc (LREB)

The fourteen (14) counties that make up the Lake Region Economic Bloc (LREB) in Kenya are:
Migori, Nyamira, Siaya, Vihiga, Bomet, Bungoma, Busia, Homa Bay, Kakamega, Kisii, Kisumu,
Trans Nzoia, Nandi, and Kericho. In January 2014, a meeting was convened in Kisumu County
to discuss the role and use of ICT in improving service delivery. It is during this meeting that the
Governors of Kisumu, Vihiga, Homa Bay and Kisii counties discussed the possibilities of not
only expanding this ICT initiative to include the counties of the Lake Basin region but also
expanding the scope of the initiative to develop an Economic Blueprint through which shared
regional challenges could be addressed. They therefore resolved to invite the neighbouring
counties to a forum to discuss the development of a Blueprint for the region. Between February
and March 2014, the neighbouring counties joined the conversation raising the total numbers to
10 counties. The counties included Bungoma, Busia, Homa Bay, Kakamega, Kisii, Kisumu,
Migori, Nyamira, Siaya and Vihiga. Led by the Governors, the realization emerged that there is a
need for ‘multilateral’ cooperation between counties in and around the Lake Region to develop
partnerships through which common challenges could be addressed and development
opportunities seized in a manner that transcends county frontiers. It is through this discussion
that the idea of an Economic Blueprint for the counties around the Lake Basin Region arose. It
was agreed that the Economic Blueprint would form the basis on which the County Integrated
Development Plans (CIDPs) would be implemented based on the county priorities, situational
interests, shared values and relevant capabilities.

[Link] of the Lake Region Economic Blueprint

The broad objective of the Lake Basin Economic Blueprint is to leverage economies of scale in
the region, including shared resources such as Lake Victoria, in order to improve the livelihoods
of the people in these counties. The counties further resolved to focus on the seven key
intervention areas as follows:

• Productive Sectors: Agriculture and Tourism;

• Social Sectors: Education and Health; and
• Enablers: ICT, Financial Services and Infrastructure.

They further advised that there should be clear alignment between the LREB and national
development plans such as the Vision 2030 and its Medium-Term Plan III for 2018-2023.

2.7.1. Structure of the Blueprint

This Economic Blueprint of the LREB is divided into 8 chapters. Each chapter has distinct
issues.

Chapter 1 looks at what the Vision 2030 envisages, the Lake Basin Economic Blueprint
(LREB), the blueprint, the structure of the blueprint and the approach and methodology of the
review.

Chapter 2 explores key features of the region such as physical features, demographic, socio-
economic which entails agriculture, trade, urbanization, infrastructure, and poverty rates. It also
highlights key opportunities that investors may take advantage over which exist in the region.

Chapter 3 presents the Productive Sectors of Agriculture and Tourism detailing the state of the
sectors in the Lake Region; key challenges; opportunities for investment and economic activity
for each sector; resource mobilization strategies and the potential socioeconomic impact of
investment into each sector.

Chapter 4 explores the Social Sectors of Education and Health again delving into the state of the
sectors in the Lake Region; key challenges; opportunities for investment and economic activity
for each sector; resource mobilization strategies and the potential socio-economic impact of
investment into each sector.

Chapter 5 goes into the Enabling Sectors of Financial Services, ICT and Infrastructure. The
state of each sector is analyzed, and key challenges and opportunities elucidated with a
conclusion that details the resource mobilization strategies and potential socioeconomic impact
of investment into each sector.

Chapter 6 addresses the Cross-Cutting themes of Women and Girls; Youth; Persons with
Disabilities and the Environment with the view of ensuring that the special concerns of each
cluster are addressed within the Blueprint and the implementation thereof. The chapter explores
the state of each of these groups in the Lake Region in each of the Productive, Social and
Enabling Sectors of the Blueprint. The chapter then details interventions targeted at each group/
issue with specific elucidation for interventions in each of the Productive, Social and Enabling
Sectors.
Chapter 7 presents Key Risks that may compromise the success the Economic Blueprint and the
creation of a regional bloc, and details Mitigation Strategies for each.

Chapter 8 is the concluding chapter of the Blueprint.

3. CONTEMPORARY SOCIO-LEGAL ISSUES ARISING FROM DEVOLUTION

IN THE LAKE REGION ECONOMIC BLOC (LREB)
The promulgation of the 2010 Constitution of Kenya48 marked a transformative moment in the
country’s governance architecture, introducing a devolved system aimed at addressing long-
standing inequalities, fostering inclusive development and promoting national unity through the
recognition of Kenya’s ethnic, regional and cultural diversity. Devolution established 47 county
governments, creating a two-tiered system where power is shared between the national and
county governments. Under this framework, the two levels are distinct yet interdependent,
mandated to operate through cooperation and consultation, rather than a hierarchical chain of
command.49
While devolution was envisioned as a corrective mechanism for historical marginalization, its
implementation has encountered deep-seated structural and political barriers 50. Most notably,
Kenya's persistent ethnic-based politics and patronage networks continue to influence resource
allocation and service delivery at the county level. Instead of weakening ethnic divisions,
devolution has in some instances reinforced local ethnic majoritarianism, marginalizing minority
groups within counties and generating new forms of exclusion and elite capture51.

48
The constitution was officially promulgated on August 27, 2010 at a grand ceremony in Nairobi. The main event
took place at Uhuru Park Nairobi where over 500,000 Kenyans gathered to witness the signing by then-President
Mwai Kibaki and Prime Minister Raila Odinga. Kenyans were ecstatic because it marked the end of a 20-year
struggle for constitutional reform, replaced the 1969 colonial-era constitution, introduced devolution creating 47
counties, expanded civil liberties and bill of rights and addressed historical inequalities in land and resource
distribution. The global community including UN Secretary-General Ban Ki-moon called it "a moment of pride for
all Kenyans" and The Economist described it as "one of the most progressive constitutions in Africa" while
international media such as BBC, CNN and Al Jazeera reported on the unprecedented public euphoria
49
Council of Governors, Devolution in Kenya: A Journey from Centralised to Devolved Governance Under the
Constitution of Kenya 2010 (August 2023). Ca also be accessed at [Link]
12/Devolution%20Journey%20Book%202023%20%282%29_0.pdf
50
Society for International Development (SID), Kenya’s Devolution: The First Five Years (2016)
51
Agnes Cornell and Michelle D’Arcy, Devolution, Democracy and Development in Kenya (Swedish International
Centre for Local Democracy, Research Report No 5, 2016).
 3.1. Service Delivery and Resource Allocation
Devolution was intended to improve service delivery by bringing decision-making closer to the
people. Key service sectors particularly health, water, agriculture and education have seen
measurable improvements, although challenges related to capacity, equity and coordination
persist. While some services have improved, disparities in access and effective implementation
remain52.

3.1.1. Health Sector

Devolution has contributed to improved health outcomes53, with county governments investing in
infrastructure, equipment and health workforce recruitment. For example, maternal mortality
rates in public facilities have declined significantly from 116.4 per 100,000 live births in 2013 to
under 100 while under-five mortality rates have dropped from 47.78% to 40.34%. Increased
access to healthcare services and higher skilled birth attendance are notable gains. However,
disparities in service quality across counties, frequent health worker strikes and inefficiencies in
the procurement of medical supplies continue to hinder optimal service delivery54.

3.1.2. Water and Sanitation

Counties have made efforts to enhance access to clean water and sanitation, but progress has
been uneven. Sewerage infrastructure remains underdeveloped, with most counties lacking the
technical and financial capacity to invest in such capital-intensive systems. Partnerships with the
national government and donors have become essential for large-scale projects, yet coordination
and sustainability remain concerns55.

3.1.3. Education – Early Childhood Development Education (ECDE)

The early years of life are crucial for an individual’s health and physical, cognitive and social-
emotional development56. The events in the first 1000 days of life are formative and play a vital

52
Devolution Conference 2023: 10 Years of Devolution: The Present and the Future (Report, 15th–19th August
2023)
53
B.B. Masaba, J.K. Moturi, J. Taiswa, and R.M. Mmusi-Phetoe, 'Devolution of Healthcare System in Kenya:
Progress and Challenges' (2020) 189 Public Health 135, 136
54
Council of Governors, Devolution in Kenya: A Journey from Centralised to Devolved Governance Under the
Constitution of Kenya 2010 (August 2023). Ca also be accessed at [Link]
12/Devolution%20Journey%20Book%202023%20%282%29_0.pdf
55
[Link]
low-income-communities-in-nairobi> accessed 20 April 2025
56
Lancet, 2017
role in building human capital, breaking the cycle of poverty, promoting economic productivity,
and eliminating social disparities and inequities - issues at the core of Sustainable Development
Goals (SDGs). This implies that early years are important levers for accelerating attainment of
the SDGs. SDGs Goal 4, under Target 2, outlines that by 2030 all girls and boys should have
access to quality early childhood development, care and pre-primary education so that they are
ready for primary education. SDGs prioritize scale up of impact through integrated approaches,
collective action and coordinated solutions. Similarly, EFA Goal 1 obligated states’ governments
to expand and enhance comprehensive early childhood development programmes while MDGs
guided countries and partners in improving living conditions of the poor57.
The devolution of Early Childhood Development and Education (ECDE) to county governments
in Kenya has significantly enhanced access to foundational education. Many counties have
responded to this mandate by establishing new ECDE centers, employing more teachers and
investing in classroom infrastructure and educational resources. This expansion has helped to
bring educational services closer to the grassroots, reducing the distance children must travel to
access school and increasing enrollment rates. Additionally, improved facilities and increased
staffing have in some regions positively influenced the quality of care and instruction offered at
this early stage58.
Despite these gains, several persistent challenges continue to hamper the full realization of
quality ECDE services across the country. One major concern is the inadequacy of teacher
training programmes. Most ECDE teachers lack comprehensive preparation particularly in the
implementation of the national Competency-Based Curriculum (CBC) which demands a
pedagogical shift from traditional rote learning to learner-centered skill-based instruction. This
gap not only affects the quality of teaching but also hinders the uniform application of the CBC
across various counties. The lack of consistency in teacher preparation translates into unequal
learning experiences for children in different regions59.

57
Ministry of Education [Kenya], The Kenya Integrated Early Childhood Development Policy Framework (March
2017)
58
Current Practices in Early Childhood Development Education in Kenya and Other Low and Middle Income
Countries in Sub-Saharan Africa (Desk Review, Sightsavers, Humanity and Inclusion, IDS, Leonard Cheshire
Disability, and Sense International, September 2021).
59
[Link]
379237885_Barriers_and_Challenges_Affecting_Quality_Education_Sustainable_Development_Goal_4_in_Sub-
Saharan_Africa_by_2030/link/6805fab660241d5140106cd0/download> accessed on 20 April 2025
Another critical issue is the absence of a clear and comprehensive national policy framework that
outlines the roles and responsibilities of county governments in delivering ECDE services
particularly beyond the ECDE level and into areas such as village polytechnics. The legal and
institutional ambiguity creates room for duplication, inefficiency and disparities in the quality of
services offered. Without well-defined parameters guiding the extent and limits of county
interventions, there is an increased risk of uncoordinated efforts that may fail to meet national
educational goals.
To address these disparities and enhance equity, there is a growing demand for the formulation
and implementation of national standards in ECDE. Stakeholders including education experts,
parents, civil society organizations and policymakers are calling for clear and enforceable
benchmarks for teacher qualifications, learning infrastructure, instructional materials and safety
protocols. National standards would not only create a level playing field for all counties but also
ensure that every Kenyan child regardless of location receives a quality early education
experience.
The importance of ECDE cannot be overstated. Early childhood education lays the foundation
for lifelong learning and development. It is during this stage that children develop critical
cognitive, social, emotional and motor skills. Quality ECDE has been shown to improve future
academic performance, reduce dropout rates and foster better life outcomes. Therefore,
investment in this sector is both a moral imperative and a strategic policy decision aimed at
securing the nation's human capital development.
Several specific areas warrant targeted improvement to elevate the quality of ECDE in Kenya.
First, teacher training programmes need to be redesigned and expanded to equip educators with
skills that align with CBC requirements including child-centered methodologies, formative
assessment and inclusive education practices. Second, infrastructure development must go
beyond building classrooms to include child-friendly spaces, age-appropriate sanitation facilities,
secure playgrounds and inclusive access for children with disabilities. Third, the availability and
quality of learning materials should be improved to include culturally relevant and
developmentally appropriate content that supports diverse learning styles60.
Moreover, the enforcement of child safety standards in ECDE centers must become a national
priority. Regular inspections, compliance mechanisms and staff sensitization on child protection

60
ibid
issues can significantly enhance the safety and well-being of young learners. Lastly, the
formulation of a robust national policy framework is essential. Such a framework should
articulate the vision, guiding principles, roles and financing mechanisms for ECDE thereby
ensuring coordination between the national and county governments and promoting
accountability in service delivery61.
In sum, while the devolution of ECDE has catalyzed remarkable progress in enhancing access to
early learning in Kenya, it must now be complemented by deliberate and strategic efforts to
improve quality, equity and coherence across the country. A holistic and coordinated approach
underpinned by strong national policy direction, effective teacher training, adequate resources
and enforceable standards will be key to unlocking the full potential of ECDE as a cornerstone
for national development62.

3.1.4. Agriculture
Counties have undertaken commendable efforts to support agriculture, including extension
services, farmer training and the provision of subsidized inputs. Digital platforms have also been
piloted to enhance access to agricultural information 63. Nevertheless, the sector continues to face
capacity limitations, with inadequate staff, poor coordination with national research institutions
and inconsistent funding undermining productivity. Clearer delineation of responsibilities
between the national and county governments remains essential for efficient service delivery.

3.1.5. Equity in Intra-County Resource Distribution

While devolution has improved the geographic distribution of resources, internal inequities
within counties remain a challenge. In several cases, development is concentrated in urban
centers or areas dominated by politically influential ethnic groups, leaving out peripheral regions
and marginalized communities. This phenomenon—sometimes described as “ethnic
federalism”—has raised concerns about local elite capture, where dominant groups within a
county monopolize political power and control over public resources. A lack of robust data-

61
ECD Network for Kenya, Early Childhood Development Systems Measurement for Kenya: Baseline Findings (9
November 2023)
62
Benjamin Piper, Katharine A Merseth and Samuel Ngaruiya, 'Scaling Up Early Childhood Development and
Education in a Devolved Setting: Policy Making, Resource Allocations, and Impacts of the Tayari School Readiness
Program in Kenya' (2018) 5(2) Global Education Review 47, 48.
63
[Link]
accessed on 20 April 2025
driven planning and public participation has further exacerbated these inequalities, hindering
inclusive development64.

3.1.6. Legal Issues in Budgeting and Implementation

The Constitution embeds the principle that "funds follow functions," requiring the national
government to allocate adequate resources for devolved functions. A set of public finance laws,
including the Public Finance Management (PFM) Act, Controller of Budget Act and the
Commission on Revenue Allocation (CRA) Act, were enacted to guide planning, budgeting and
accountability. However, uncertainties remain regarding the actual costing of devolved functions
and counties often report receiving insufficient or delayed funding65.
Moreover, while some counties have made strides in improving own-source revenue, collection
mechanisms are often fragmented and poorly coordinated, with inconsistencies in tariffs and
legal frameworks. There is a pressing need to harmonize revenue laws and improve fiscal
discipline at the county level to maximize local revenues and reduce overreliance on national
transfers.

3.1.7. Role of the Commission on Revenue Allocation (CRA) and the Senate
The CRA plays a pivotal role in recommending the formula for equitable sharing of national
revenues between and among counties, guided by principles such as population size, poverty
levels, land area and historical marginalization. Meanwhile, the Senate, as the protector of
devolution, was envisioned to provide oversight over national legislation affecting counties.
However, its role has often been undermined by political tensions, unclear mandates and rivalry
with the National Assembly. In practice, the Senate has struggled to assert its influence
consistently, raising questions about the effectiveness of institutional safeguards for devolution 66.

3.2. Intergovernmental Conflicts and Jurisdictional Overlaps

Tensions between the national and county governments remain a central challenge in the
devolution process. While the Constitution establishes a non-hierarchical relationship67, in

64
Ahmed Hassan Mohamed, “ Exploring the Impact of Devolution on Socio-Economic Development in Wajir
County in Kenya 2013-2021” (MA Thesis, United States International University-Africa, Spring 2022)
65
[Link] accessed on 20 April 2025
66
[Link]
[Link]> accessed 20 April 2025
67
[Link]
between-governments/358-189-cooperation-between-national-and-county-governments> accessed April 29, 2025
practice, power struggles and administrative overlaps are common. Sectors like roads, health,
education and water suffer from blurred mandates, leading to duplication, inefficiencies and
disputes over control. For example, both levels of government have roles in healthcare and
education, but the lack of clear delineation of responsibilities such as who trains ECDE teachers
or manages primary healthcare continues to cause confusion. Additionally, the retention of
county commissioners as representatives of the national government has led to turf wars in some
counties, especially in matters of security, which remains a national function.

3.2.1. Inter-County Conflicts and Security Challenges

Devolution has not significantly reduced long-standing conflicts between counties. Border
disputes, particularly those tied to natural resources such as water, grazing land and minerals,
have flared in regions like Turkana, Pokot, Samburu and Isiolo. In the arid and semi-arid regions,
cattle rustling and inter-clan violence continue to undermine stability and development. The
current framework lacks effective mechanisms for mediating and resolving these disputes and
regional peace and security remain inadequately integrated into the devolved system68.

3.3. Public Participation and Access to Justice

Devolution was designed to deepen democracy by enhancing citizen engagement in governance,
but progress has been uneven. While county governments are legally required to involve the
public in budgeting and planning, actual participation is often symbolic or manipulated. Weak
civic education, limited transparency and elite capture have limited meaningful inclusion,
especially for women, youth and marginalized communities69.
In local elections, devolution has replicated many of the challenges seen at the national level,
including vote-buying, poor party structures and compromised nominations. Meanwhile, access
to justice remains limited at the county level, with few counties investing in systems that support
legal aid or community-based dispute resolution. Ensuring that all citizens can claim their rights
under devolution remains a critical gap.

3.4. Corruption and Mismanagement in County Governments

While devolution has brought governance closer to the people, it has also created new
opportunities for corruption at the local level. Audit reports from the Auditor-General and
investigations by the Ethics and Anti-Corruption Commission (EACC) have revealed widespread
68
Ibid 17
69
Gedion Onyango (ed), Routledge Handbook of Public Policy in Africa (Routledge 2022)
mismanagement of funds, questionable procurement practices and wastage across many counties.
Several governors have faced impeachment proceedings due to corruption-related offenses.
Notably, Ferdinand Waititu (Kiambu) and Mike Sonko (Nairobi) were both removed from office
in 2020 after being found guilty of misusing public funds and violating public procurement laws.
In other counties like Embu, Makueni and Kericho, governors have faced intense scrutiny or
narrowly survived impeachment, pointing to the active oversight role of some County
Assemblies. However, political interference and limited capacity have often undermined the
effectiveness of these mechanisms70.

3.5. Legal Ambiguities Around Regional Blocs

To promote inter-county collaboration, several counties have formed regional economic blocs,
such as the Lake Region Economic Bloc (LREB) and North Rift Economic Bloc (NOREB).
However, these groupings lack formal constitutional recognition, leaving their operations in a
legal grey area. There is no comprehensive legislative or regulatory framework to guide joint
investments, harmonization of policies, or dispute resolution among member counties.
Additionally, differences in county laws, regulations and administrative priorities create barriers
to cooperation71. The lack of a clear structure to govern Memoranda of Understanding (MOUs)
or collective action agreements has limited the potential of these blocs to scale regional
development initiatives. A dedicated national legal framework is needed to institutionalize
regional collaboration within the spirit of devolution while safeguarding local autonomy and
equity.

4. CASE STUDIES FROM SELECT LAKE REGION ECONOMIC BLOCK

COUNTIES.

LREB was developed with the support of Deloitte Africa and Ford Foundation in partnership
with County Governments of respective 14 member counties. It was established to bring together
all available resources, identify opportunities and to take an integrated approach to have all
policies and activities in the Lake Region aligned towards sustainable quality of life. 72 This part
70
[Link] >
accessed 20 April 2025
71
Technical Support Towards Strengthening County Regional Economic Blocs, Volume I: Status Report (2020)
72
[Link]
of the paper analyzes 4 select LREB counties in terms of Devolution in relation to fisheries
management, Urban Health governance and general infrastructure. Attention is also paid to the
political tensions and County Assembly conflicts affecting Bungoma and Nyamira Counties.

4.1. Kisumu County

4.1.1. Fisheries Management
The legal framework for fisheries management in Kisumu County is primarily guided by the
Kisumu County Fisheries and Aquaculture Act, No. 8 of 2019. This Act, along with national
legislation like the Fisheries Management and Development Act, 2019 and associated
regulations, provides the legal basis for managing fisheries and aquaculture within the county.
The Kisumu County Fisheries and Aquaculture Act of 2019 was enacted by the County
Assembly of Kisumu to provide for the sustainable utilization, management and development of
Fisheries, Aquaculture and other Aquatic resources and for connected purposes. It applies to all
Kisumu County Fishery waters and related fishing activities and establishments.73

The Act emphasizes on fisheries development measures such as establishing fish hatcheries,
enhancing fish handling infrastructure, and supporting ornamental and commercial fisheries. 74 It
also enables inter-governmental collaboration75 and alignment with national policy, 76 fostering
regional Co-operation in managing shared resources like Lake Victoria.
Fisheries management plans provided for in Section 8 and regulatory measures in Section 9
empower the Director to designate closed seasons, regulate gear, and protect breeding areas,
ensuring ecological sustainability. The Act mandates licensing and registration for fishing
vessels and activities in Sections 16–25, with penalties for unauthorized operations. Enforcement
provisions grant authorized officers’ powers to search, seize, and arrest violators in accordance
with Sections 27–38, reinforcing compliance.

73
s. 2; Kisumu County Fisheries and Aquaculture Act
74
s. 5
75
s.6
76
s.7
Notably, the Act establishes the Fisheries Development Trust Fund to support research,
infrastructure, and conservation,77 and designates county waters as a pollution prevention zone. 78
Aquaculture development is supported through regulations on hatcheries, disease control, and
inter-county cooperation as started in Sections 53–54.
Furthermore, the Act designates the county fisheries department as the Devolved Competent
Authority for fish safety, ensuring proper health standards and certifications. 79 Community
participation is institutionalized through Beach Management Units as provided for in Section
57, promoting co-management with local stakeholders.

4.1.2. Urban health governance

In terms of healthcare, we have the Kisumu County Environmental Health and Sanitation Act of
2021. This Act was enacted by the Kisumu County Assembly to give effect to the right to a
clean and healthy environment and the right to reasonable standards of sanitation; to provide for
the performance of the powers and functions of the County Government in respect of
environmental health and sanitation matters; and to provide for the regulation and management
of environmental health and sanitation; and for connected purposes.
The Act seeks to operationalize the constitutional rights to a clean and healthy environment and
reasonable standards of sanitation.80 It sets out the obligations of the Kisumu County
Government in promoting environmental health through resource assessment, infrastructure
development, stakeholder empowerment, and staffing. 81 An institutional framework is
established through the creation of coordination committees at the county, sub-county, and ward
levels as set down in Sections 7, 9, 11, with clearly defined roles such as policy formulation,
regulation enforcement, research, and public advisories in Sections 8, 10, and 12. The
Directorate of Public Health and Sanitation is also formally constituted under Section 6.
Additionally, the Act provides for financial provisions, including budgetary allocation of at least
2% of the county treasury fund to environmental health functions, 82 and mandates the creation of
77
s. 49
78
s.52
79
s. 55, 56
80
s. 3
81
s. 5
82
s. 20
annual reports and compliance audits in Section 19. Enforcement powers such as inspection,
search, arrest, and issuance of improvement notices are provided under Section 17 of the Twelfth
Schedule. The Act is supported by detailed Schedules covering specific service areas like refuse
management, sanitation in public spaces, food safety, control of communicable diseases, and
environmental risk management.

4.1.3. General infrastructure

Kisumu County has made significant strides in enhancing its general infrastructure across key
sectors such as water and sanitation, energy, urban development, and air transport. These
developments are pivotal for boosting economic growth, improving service delivery, and raising
the quality of life for residents.

[Link]. Water and Sanitation

The Lake Victoria South Water Works Development Agency (LVSWWDA) has spearheaded
the development of a comprehensive Water Resources and Wastewater Management Master Plan
for the county. The primary goal is to increase water supply coverage from 67% to 90% and
sewerage coverage from 16% to 45% in Kisumu City. This includes the construction of 107
kilometers of water distribution systems and 70 kilometers of sewerage networks, alongside a
new sewage treatment facility at Otonglo. In addition, a Sh 48 billion strategic plan has been
launched to enhance water connectivity in the Lake Region, targeting a rise in water and
sewerage coverage by 2027.

[Link]. Energy Infrastructure

In the energy sector, Kisumu is set to benefit from the Kisumu Solar Power Station, also
known as Kisumu One Solar Power Station. Located in Kibos, this 40 MW solar power plant
is under development by Ergon Solair Africa. Construction began in August 2023 and the project
is expected to be commissioned in 2024. Upon completion, it will add approximately 105.3
MWh of electricity annually to the national grid, significantly bolstering the county’s energy
capacity.

[Link]. Air Transport

Kisumu International Airport, the third-busiest in Kenya, is undergoing major expansion under
its second phase, valued at KSh 4.9 billion. The development includes the construction of a
parallel taxiway, cargo apron, and other related facilities. These improvements are designed to
boost the airport’s capacity to manage increased passenger and cargo traffic, further
strengthening Kisumu’s position as a key transport hub in western Kenya.

4.2. Siaya County

4.2.1. Fisheries management
In Siaya County, we have the County Government’s Siaya County Fisheries and Aquaculture
Act of 2017. It establishes a solid legal foundation for the sustainable management,
development, and regulation of fisheries and aquaculture within the county. One of its most
critical components is found in Section 9, which empowers the Director, with the approval of the
County Executive Committee (CEC) Member, to impose fisheries management measures. These
include the declaration of closed fishing seasons for specific areas, species, or fishing methods—
an essential step in ensuring the long-term sustainability of fish stocks in the region.
In addition to conservation, the Act promotes the economic development of the fisheries sector.
Section 58 mandates the CEC Member to facilitate fish production and marketing. This is to be
achieved through partnerships with registered associations or institutions to establish fish market
management units and aquaculture production units. These initiatives are aimed at improving
livelihoods, creating employment, and increasing the competitiveness of the local fish value
chain.
To ensure the effective enforcement and implementation of the Act, Section 59 grants the CEC
Member the authority to develop regulations. These cover a wide range of operational issues
including licensing, fish handling and processing, safety and quality standards, and the
management of fish landing sites and fishing gear. Together, these sections create a structured
approach to achieving both environmental sustainability and socio-economic growth in Siaya
County’s fisheries sector.

4.2.2. Urban Health governance

Urban health governance in Siaya County is anchored in the Siaya County Health Services Act,
2019, which provides a legal framework for delivering equitable and responsive health services.
This Act supports the development of systems that integrate health and nutrition into broader
county development goals, particularly in urban centers where the demand for healthcare is
rapidly growing.
The Siaya County Integrated Development Plan (CIDP) 2023–2027 outlines strategic
interventions to strengthen universal healthcare, focusing on improving infrastructure and
expanding service delivery in urban areas. These efforts aim not only to enhance health
outcomes but also to boost household incomes and create employment through a more robust
health system.

A participatory approach is central to urban health governance in the county. The Public
Participation Framework for Siaya Municipality and strategic documents like the Siaya County
HIV and AIDS Strategic Plan emphasize involving residents in planning and implementation.
This ensures health programs are community-driven, inclusive, and aligned with local needs,
while also empowering citizens to take greater ownership of their health.

4.2.3. General infrastructure

Siaya County has prioritized infrastructure development to stimulate socio-economic growth.
The Siaya County Integrated Development Plan,83 outlines initiatives to improve transport,
including upgrading link roads to bitumen standards, rehabilitating airstrips, and enhancing water
transport facilities to connect the county with Lake Victoria. These efforts aim to improve
connectivity and support local tourism.
In the energy sector, the county is focusing on sustainable energy solutions. This includes
creating an energy master plan and exploring hydroelectric power projects such as the Ndanu
Falls. Partnerships with national agencies are also working to expand electricity access to
underserved areas, with an emphasis on renewable energy sources.

4.3. Migori County

4.3.1. Fisheries management
The Migori County Fisheries and Aquaculture Act of 2016 establishes a comprehensive
framework for the sustainable management and development of the county's fisheries and
aquaculture sectors. The Act outlines key roles and responsibilities for county authorities, while
introducing regulatory measures that emphasize the protection and utilization of aquatic
resources. Among its provisions, the Act designates county fishery waters as pollution-free
zones, prohibiting the discharge of pollutants to protect aquatic ecosystems. Additionally, it
mandates the registration and licensing of fishing vessels, requiring operators to obtain valid

83
CIDP 2023-2027
certificates to legally engage in fishing activities. The County Executive Committee (CEC)
Member is empowered to issue licenses for various fishery activities such as sport fishing, gear
usage, fish processing, and trading. The Act also mandates monitoring and surveillance of
fishing vessels to ensure compliance with established regulations.
In terms of aquaculture, the Act promotes its development as a key strategy for enhancing fish
production and improving livelihoods in the county. It encourages the construction of
aquaculture infrastructure and capacity-building initiatives, promoting the use of sustainable
practices and technology. The Act also proposes the establishment of a Fisheries Development
Trust Fund to support research, conservation efforts, and the development of essential fisheries
and aquaculture infrastructure. This financial support is designed to bolster long-term
sustainability in the sector, ensuring that the county can meet the growing demand for fish
production while maintaining ecological balance.
Furthermore, the Act emphasizes the importance of community participation in managing
fisheries resources. To this end, it advocates for the formation of Beach Management Units
(BMUs), which are intended to involve local communities in decision-making processes related
to fisheries management. These units play a critical role in ensuring that local stakeholders have
a say in the sustainable management and conservation of aquatic resources. The Act encourages
collaboration between county authorities, local communities, and other stakeholders to develop
and promote sustainable fisheries and aquaculture practices. Overall, the Migori County
Fisheries and Aquaculture Act of 2016 provides a structured and inclusive approach to managing
and developing the county's fisheries and aquaculture sectors, with a focus on sustainability,
community empowerment, and long-term resource conservation.

4.3.2. Urban health governance

Urban health governance in Migori County is guided by a combination of strategic planning,
legal frameworks, and active community involvement, aimed at addressing the health challenges
faced by urban populations. A key legal framework is the Migori County Health Services Act,
2019. It outlines its primary purpose, which includes establishing a healthcare services fund,
managing county health facilities, and ensuring the provision of quality health services. 84 This
Act ensures that healthcare is accessible to all, with a particular focus on urban residents who
may face unique challenges such as overcrowding, inadequate sanitation, and limited healthcare
84
S. 3 Migori County Health Services Act of 2019
access. By creating a legal foundation for the development of health services, the Act serves as a
critical tool in guiding urban health governance in Migori County.
In addition to the Health Services Act, the Migori County Integrated Development Plan
(CIDP) 2023–2027 is another important document that shapes urban health governance. The
CIDP outlines a series of initiatives designed to enhance healthcare infrastructure and improve
service delivery in urban areas. It emphasizes the development of health facilities, expansion of
healthcare services, and the promotion of public health programs that address urban health
challenges such as communicable diseases, non-communicable diseases, and environmental
health risks. These initiatives align with the objectives set forth in the Health Services Act,
ensuring that the county's health policies are comprehensive and coordinated in addressing the
specific needs of urban residents.
Another key legal authority is the Migori County Community Health Services Act, 2022,
which plays an integral role in fostering urban health governance. This Act promotes the active
involvement of communities in managing their health through community health services. It
empowers local residents to take charge of their health, thereby complementing the efforts of
formal healthcare institutions. By integrating community-based health initiatives into the urban
health system, the Act ensures that health services are not only top-down but also include
grassroots participation, making health systems more inclusive and responsive. Together, the
County Health Services Act, CIDP, and Community Health Services Act form a robust legal and
strategic framework for improving urban health governance, ensuring that the needs of urban
populations in Migori County are met with accessible, equitable, and sustainable healthcare
services.

4.3.3. General infrastructure

The Migori County Spatial Plan (2020–2030) focuses on sustainable urban growth. The plan
calls for the development of integrated urban infrastructure, including improved road networks,
housing policies, and greater awareness of development control measures. As urbanization
increases, these plans are essential to ensuring that infrastructure keeps pace with population
growth, providing a better quality of life for residents and fostering a conducive environment for
economic and social development. Together, these efforts demonstrate the county's commitment
to improving its infrastructure and ensuring that its development is both sustainable and
inclusive, ultimately improving the well-being of its citizens.
The Migori County Water and Sanitation Act, 2022 lays the foundation for sustainable water
management and service delivery in the county. Under this Act, the Migori County Water and
Sanitation Company (MIWASCO) is responsible for providing water and sanitation services.
Projects like the Kehancha Water Supply and Sanitation Project aim to increase access to clean
water and improve sanitation facilities, benefiting thousands of residents. Furthermore, the
county has focused on energy infrastructure, leveraging the Gogo Falls hydropower station to
generate renewable energy. The expansion of this facility aims to regulate river flows, prevent
flooding, and provide irrigation for a large swath of agricultural land, contributing to both power
generation and sustainable agricultural practices.
Migori County Integrated Development Plan (CIDP) 2023–2027 provides a strategic roadmap
for developing the county's infrastructure across various sectors, including transport, water and
sanitation, energy, and urban development. This comprehensive plan aims to address the
pressing infrastructural needs of the county and foster sustainable growth through key projects
and improvements in service delivery.

4.4. Homa Bay County

4.4.1. Fisheries management
Fisheries management in Homa Bay County is anchored in the Homa Bay County Fisheries and
Aquaculture Management Act, 2023, which provides a comprehensive legal and policy
framework for the sustainable use, development, and conservation of the county’s aquatic
resources. This Act governs all fishery waters and aquaculture operations within the county,
aiming to promote environmental sustainability, improve local livelihoods, and ensure food
security for communities dependent on fishing and fish farming. It recognizes the critical role of
Lake Victoria and other water bodies in supporting economic and social development in Homa
Bay, and therefore lays emphasis on protecting these ecosystems from overexploitation and
pollution.
Under this Act, the County Executive Committee (CEC) Member in charge of fisheries and
aquaculture is given significant regulatory authority. They are responsible for issuing licenses for
sport fishing, commercial fishing, fish gear usage, processing, and fish trading. The Act
mandates the registration and licensing of all fishing vessels, requiring operators to carry valid
certificates to conduct legal fishing activities. Moreover, it designates all county fishery waters
as pollution-free zones, explicitly prohibiting the discharge of pollutants to safeguard aquatic
biodiversity and maintain water quality. These regulations are intended to create a controlled and
accountable fishing environment that mitigates the risks of overfishing and environmental
degradation.
Community involvement is a vital component of fisheries management in Homa Bay County.
The Act promotes the establishment of Beach Management Units (BMUs), which are
community-based organizations tasked with overseeing the sustainable use of local fisheries.
These BMUs provide a platform for fishers, traders, and other stakeholders to participate in
decision-making processes regarding resource management and enforcement of fishing
regulations. By empowering local communities, the county ensures that fisheries governance is
participatory and responsive to the needs of those who rely on these resources for their
livelihoods. Overall, the 2023 Act sets a strong foundation for sustainable fisheries and
aquaculture development in Homa Bay County through regulatory oversight, environmental
protection, and grassroots engagement.

4.4.2. Urban health governance

The cornerstone of the urban health framework in Homa Bay County is the Homa Bay County
Health Services Act, 2020, which mandates the establishment of health facility management
committees across all urban health facilities. According to Section 15 of the Act, these
committees are responsible for the oversight and operational management of health services,
ensuring that care delivery is efficient and tailored to local needs. Additionally, Section 3
provides for the coordination between county and national governments in maintaining health
service standards through regular inspections and compliance monitoring.
Financial autonomy for health facilities is reinforced by the Homa Bay County Health Facility
Improvement Financing Act, 2023. This Act allows facilities to collect and manage their own
revenues, promoting sustainability and timely service delivery. Section 10 and 11 establish the
County Health Management Team, which oversees resource allocation and policy
implementation across urban health institutions. This governance model ensures that funds are
directed effectively and that qualified personnel are deployed where needed.
The Homa Bay County Community Health Services Act, 2020 complements this system by
embedding community health strategies into the urban health structure. Section 19 authorizes the
appointment of community health assistants by the County Public Service Board, thereby
strengthening outreach and preventive health services. Through these Acts, Homa Bay County
has developed a legal and institutional framework that promotes inclusive, responsive, and
sustainable urban health governance.

4.4.3. General infrastructure

Homa Bay County is actively advancing its infrastructure to stimulate economic growth and
enhance residents' quality of life. The Homa Bay County Integrated Development Plan (CIDP)
2023–2027 outlines key priorities, including expanding the road network, improving water and
sanitation systems, and promoting sustainable urban development. Significant projects
encompass the upgrading of roads to bitumen standards, construction of stormwater drainage
systems, and installation of street lighting, particularly in urban centers like Rusinga Old Town
Informal Settlement.
To support these initiatives, the county enacted the Homa Bay County Infrastructure Financing
Fund Act, 2023, establishing a dedicated fund to finance infrastructure projects. This fund is
designed to attract investment and ensure the timely completion of critical infrastructure
developments. Additionally, the Homa Bay County Roads Strategic Plan 2024 aims to construct
2,400 km of new roads, rehabilitate 2,000 km, and upgrade 500 km of gravel roads to bitumen
standards, thereby improving connectivity and access to economic zones.

4.5. Bungoma County

An instance of political tensions was reported on the Standard nation on 18th Feb, 2025,
whereby hundreds of residents of Bungoma County took to the streets in a peaceful protest
against ongoing threats to impeach National Assembly Speaker Moses Wetang’ula.
The demonstrators, carrying placards and chanting slogans in support of Wetang’ula, condemned
opposition MPs for pushing for his removal, citing allegations of bias in parliamentary
proceedings.
The protesters called on President William Ruto to shield Wetang’ula from what they described
as politically motivated attacks by the opposition. As political tensions continued to rise in
Parliament, where opposition MPs had accused Wetang’ula of favoring Kenya Kwanza in
legislative debates, his supporters maintained that he has remained impartial in his role as
Speaker. They argued that his leadership has ensured the efficient functioning of the National
Assembly.85
85
[Link]
axe-wetangula
In a report by the county Powers and Privileges committee, it outlined how conflict of interests
has jeopardized service delivery to the people of Bungoma by the County Assembly members.
The committee outlined some types of interests including Pecuniary interests, proprietary
interests and personal relationships. 86
It also outlined the general situations that amounted to conflict of interests in the County
Assembly, while relying on specific legal provisions such as;

● The Constitution of Kenya 2010, Chapter 6 which talks about Leadership and Integrity.87
● The Public Officer Ethics Act of 200388
● The Leadership and Integrity Act, 201289
● The Anti-corruption and Economic crimes Act of 200390
● The Public Procurement and Asset Disposal Act, 201591
● Bungoma County Assembly Standing Orders

4.6. Nyamira County

Nyamira County is grappling with a constitutional crisis as two factions within its County
Assembly vie for legitimacy, raising concerns about the legality of their operations. The
unfolding drama has placed increasing pressure on President William Ruto to intervene, with
many calling for the dissolution of the assembly altogether.
The conflict began a month ago when 23 Members of the County Assembly (MCAs) voted to
oust Speaker Enock Okeru, accusing him of incompetence. Since then, the situation has
escalated, with both factions now operating as separate legislative bodies, each led by its own
Speaker and Clerk. Both factions are holding separate sessions and submitting distinct funding
requests, raising alarms among officials and citizens about the legality of their actions and the
potential misuse of public resources.

86
Report of the Committee of Powers and Privileges, Jan 2025; pg 10,11
87
Article 73, 75
88
s. 12
89
s.16
90
s. 42
91
s. 66
Just recently, the disorder reached a new peak when the two factions convened separate
meetings, each claiming legitimacy. One session occurred at the Manga trading centre in Kitutu
Masaba, where Speaker Okeru and his appointed interim clerk presided over a gathering. The
meeting room was set up to resemble a formal debating chamber, complete with a symbolic
“mace” and orderlies in full uniform.
Meanwhile, at the officially designated chambers in Nyamira town, some 7 km away, the
opposing faction, led by Deputy Speaker Thadious Nyabaro, conducted its own meeting,
asserting its legitimacy. This division has cast a long shadow over the country’s governance and
further deepened the crisis. Efforts by the Senate to mediate between the factions failed. During a
session of the Senate Devolution Committee on April 8, tensions flared when Senators Okongo
Omogeni (Nyamira) and Richard Onyonka (Kisii) nearly came to blows during a passionate
debate. The failed mediation has heightened concerns among citizens and political leaders.
Margaret Nyakang’o, the Controller of Budget, revealed that her office had received funding
requests from both factions, but she was uncertain which request to prioritize. Nyakang’o
explained that her office deals exclusively with the County Executive and does not engage
directly with the County Assembly, making the situation even more complex.
Given the ongoing turmoil, there are growing calls for President Ruto to intervene. Under the
constitution, the President has the authority to suspend a county government during emergencies,
including internal conflicts. A petition can be submitted to the President for the suspension of a
county government if it is seen as acting against the collective interests of its citizens. Such a
petition must be endorsed by at least 10% of the county’s registered voters. Once submitted, the
President is required to present a report detailing the allegations and justifications for the
proposed suspension to the Intergovernmental Relations Technical Committee for approval
within 14 days. With the county assembly effectively paralysed by its internal divisions, the
stakes are high for the people of Nyamira.

5. CRITICAL ANALYSIS
[Link] of Devolution in the LREB
It has been fifteen years after the ‘devolution train’ left the station, and the effects of devolution
has been felt across all sectors of the Kenyan devolved economies. With a constitutional
guarantee of unconditional transfers from national government, county governments have been
given the mandate to ensure they have adequate mechanisms in place to address local needs. 92
The constitution further makes provisions for ensuring that transfers made to counties take
cognizance of regional disparities and favour historically sidelined counties. This section looks at
the key achievements of devolution within the Lake Regions economic block.

5.1.1. Economic empowerment and local investment

Economic empowerment constitutes eradication of poverty, creation of employment
opportunities, adoption of better agricultural practices, creating sustainable financial bases for
local communities among other vital projects. 93 Over the years that devolution has been
operational, county governments have taken up the mantle in ensuring responsiveness and
accountability in delivery of devolution dividends to Kenyans. 94 County governance has been at
the forefront in delivery of transformative and world-class services where high-quality leadership
is making the difference. Increased access to services such as health, education and other social
amenities have had a significant impact in economic empowerment and local investment.
Devolution presents a clear opportunity for citizens to benefit from various funding grouped in
diverse segments to assist their growth. According to the Kisumu County Devolution Conference
2023, some of the funding services rolled out then were; Rural Electrification Programme, Local
Authority Transfer Fund, Poverty eradication funds, water service Trust Fund, Constituency
Development Fund, and Free Primary Education Fund amongst others. This has resulted in
enhancement of health care facilities, better equipped schools and the construction and upgrading
of roads, bridges and water supply systems.
Prior to implementation of devolution, the fishing industry hardly transformed the livelihoods of
local inhabitants despite its huge contribution to the gross domestic product. 95 This was highly
attributed to lack of adequate investment by successive governments and exploitation by cartels
in the industry. The transfer of powers and funding from the national government to the county
government means that decisions are now made closer to the people in the local communities
and are tailored to best address the issues uniquely facing the people. 96 Counties are thus able to
prioritize and implement projects that directly address local challenges.

92
Article 174, Constitution of Kenya 2010
93
National Council of Churches of Kenya Report on Nyanza Region
94

95
National Council of Churches of Kenya Report on Nyanza Region
96
Kisumu County, Devolution; Where the Rubber Meets the Road. Devolution Conference 2023 pg. 14
 5.1.2. Political inclusivity and identity-based governance
One of the key constitutional objectives of devolution of government is the promotion of
democracy97 in exercising powers of the state by empowering the people to fully participate and
be involved in decision making to ensure decisions are well informed. Citizen engagement and
participatory governance has thrived due to devolution. The increased engagements through
town hall meetings, public consultations(barazas) and community-based decision-making
processes have become more prevalent. These forums have been instrumental in empowering
local communities to voice their concerns in pertinent matters affecting them and holding elected
leaders accountable.

5.1.3. Equitable Distribution of National Resources.

In the past, the majority of resources, including government institutions, were located in large
cities and metropolitan areas. However, since the share of resources is equal under devolution,
every county has an equal chance to grow. According to Hope, equitable share is to be governed
by a set criteria that includes economic disparities within and among the need for economic
optimization of each county and to provide incentives for each county to optimize its capacity to
raise revenue.98 Resource allocation to counties is based on a weighted formula: population, 45
percent; poverty rate, 20 percent; land area, 8 percent; fiscal responsibility, 2 percent; and a basic
equal share of 25 percent.99
Each county is to receive an equal part of the 25 percent of the revenues. Initially distributed
equally among the counties, two percent of revenue is offered as a financial responsibility
incentive. According to the fiscal responsibility criterion, counties with superior resource
management and resource mobilization skills ought to be rewarded with a larger portion of the
resources. The method aims to equalize distributions according to the expenses of providing
services (land area, population size) and proximate measures of deprivation (poverty rates). 100

5.2. Challenges and Legal Gaps

5.2.1. Inadequate Funding

97
Article 174(a), Constitution of Kenya 2010
98
Hope, R.K.(2014). Devolved Government and Local Governance in Kenya. Available at [Link].
Accessed on April 23, 2025.
99
Kimenyi, S.M. (2013). Devolution and Resources Sharing in Kenya. Available at [Link]. Accessed
on April 23, 2025.
100
Ibid
This has been the main challenge facing devolution across the fifteen years which it has been
operational through the localised governance system. 101 The Constitution of Kenya assigns
substantial responsibilities to county governments under the Fourth Schedule. Despite the
increased spending by county governments, the national government still gets a huge chuck of
allocations. The increase has been attributed to a significant increase in debt servicing and
growth in national government’s recurrent expenditure and development expenditure. A
significant share of fiscal resources is still retained by the national government despite the
functions being devolved. This poses a significant hinderance in furthering devolution.

5.2.2. Corruption/ Mismanagement of Funds

Corruption is a significant threat to county governments, as highlighted by the Ethics and Anti-
Corruption Commission (EACC) during their 4th Governance Integrity and Investment
Conference presentation in Mombasa. High corruption risk areas include recruitment of
personnel, public procurement, financial management, and planning of projects. Common forms
of corruption include tyranny of ghosts, conflict of interest, bribery, and abandoning existing
infrastructure. Transparency International's survey revealed corruption as the greatest threat to
devolution, with 59% of counties experiencing corruption.
Graft was cited by 59% of respondents in a survey conducted in 16 counties between March 22
and April 6. According to The Standard Media (2017), corruption is the most urgent issue that
county governments need to address and the worst threat to devolution. The story was released
subsequent to the survey finding that Transparency International carried out the study. Kenya
was made public in July 2016. The same investigation exposed how corrupt procurement
contracts and irregular transactions were being used by county authorities to embezzle public
funds. In 2014, the Auditor General brought up a similar matter. The President issued a warning
to governors in 2017 against embezzlement of public funds.

5.2.3. Weak enforcement of accountability provisions

Lack of regular and routine administrative data within and across several devolved sectors within
most of the counties on service delivery outcomes, outputs and inputs, proves to be challenging
especially with regards to management, decision making and accountability processes to make
devolution work for service delivery.102
101
Ibid 5
102
Ibid
The constitution conceptualizes the participation of the citizens in decision making process of
devolution by conferring them with powers of self-governance and enhancing their participation
in exercise of state powers on matters affecting them. This underpins the national values and
principles enshrined under Article 10 of the constitution of Kenya particularly those of
democracy and accountability. However, public participation has not been fully implemented
and adopted as citizens are benched in a majority of decision-making platforms. 103 The
involvement of the people as the inhabitants and consumers of services offered by devolved
governance would go a long way in citing major challenged faced by the communities and
contributing significantly to the progress and ultimate success of devolved governance.

5.2.4. Lack of Capacity to Facilitate Services Delivery

The Standard media report (2016) highlights a lack of understanding of key issues surrounding
devolution, leading to mistrust among stakeholders. Some counties argue for a piecemeal transfer
of powers, but many lacks the capacity to absorb all powers. Skills gaps in public service persist,
causing inadequate capacity at both levels of government to implement mandates and functions.
The UNDP (2015) recommends strengthening and aligning capacities at national and county
levels through capacity development, continuous training, and targeted support. This includes
addressing skills gaps, enhancing service delivery mechanisms, and strengthening citizen
engagement in devolved governance.

5.3. Effectiveness of Legal Mechanisms and Institutions

5.3.1. Role of courts in shaping devolved governance
Speaking at the 2025 High Court Leaders’ Conference, DCJ Philomena Mbete Mwilu lauded the
High Court for its pivotal role in steering Kenya’s devolution journey over the past 15yrs
underscoring its impact on governance, justice and constitutionalism. 104 The High Court’s
jurisprudence has been instrumental in in defining the architecture of devolution and buttressing
the principles of equality, inclusivity and justice at both levels of government. 105 The
decentralization of court services has not only improved access to justice but also inculcated
public trust in the judicial system.

103
Ibid 5
104
Judiciary of Kenya, DCJ Mwilu Hails High Court’s Pivotal Role in Advancing Devolution. Available at
[Link] Accessed
April 23, 2025.
105
Ibid
 5.3.2. Oversight by Senate, CoG, CRA and Controller of Budget
The Senate has been called upon to take the lead in ensuring the successful implementation of
devolution and the realization of its full potential for all Kenyans. 106 In Kenya, the Senate, the
Council of Governors (CoG), and the Controller of Budget are all involved in overseeing
devolution. The Senate is required under Article 96 of the Constitution to supervise revenue
distribution and safeguard county interests. According to Article 228 of the Constitution, the
Controller of Budget oversees the execution of the budget and permits the withdrawal of public
monies. Despite not being a constitutional entity, the CoG makes intercounty consultation easier.
Oversight action has been prompted in the Lake Region by problems such as postponed health
initiatives, ghost workers, and exploitation of conditional grants. The Senate summoned county
authorities in Senate Public Accounts Committee v. Kisumu County Executive (2023) due to
anomalies in the procurement of health equipment, which exposed inflated budgets and illegal
spending.
Siaya and Homa Bay were flagged by the Controller of Budget for recurring spending that
exceeded the Public Finance Management Act's permitted limit. Concerns about sustainability
were raised, for example, when Siaya's labour bill surpassed 45% of total revenue. As seen in
Council of Governors v. Senate & Others (2015), the CoG has frequently defended counties,
arguing that Senate summonses are an overreach. Courts upheld checks by ruling that the Senate
could call governors.

6. CONCLUSION
When only one central government has all the power to control everything, part of the country is
likely to suffer marginalization, neglect, and lack of equitable development. I opine that
devolution was like a messiah sent to promote development in all regions of the country, to
address the historical challenges of exclusion, and to limit and/or neutralize the power of the
center.107

106
[Link]
107
The Writer, John Lenda, is a final year law student at the University of Nairobi, 2025 and an enthusiast of socio-
legal issues pertaining the development of the lake region.
Disparities in development have always been considered as the major cause of the perceived
regional marginalization in Kenya buttressed by persistent issues apportioned to political greed
where the winner carries all the gowns and jewels. 108 This persistent problem led to spirited
efforts that resulted in devolution through the enactment of the 2010 Constitution of Kenya. A
clear reading of the said Constitution denotes that the introduced devolution is not only of power
but also of resources across the 47-county government.
The benefits of such devolution cannot be overstated, ranging from ensuring a more equitable
distribution of resources between regions, to promoting a more accountable and transparent
participatory to responsive two-tier system of government. 109 These, in essence, have empowered
local communities by bringing service delivery closer to the people, rebalancing the relationship
between the central and county governments, and reducing ethnic tensions and development
laxities in some areas.110
Contextualizing this to the lake region, I assert that devolution has accelerated development in
the lake region by bringing governance and decision-making closer to the people. As a result,
counties within the lake region have been able to prioritize and address their unique needs.
Particularly, the devolution of funds to county governments has promoted infrastructural growth,
improved access to healthcare, boosted agricultural growth, and spurred investments in sectors
such as tourism and fisheries. The autonomy of operation has also resulted in the freewill of
these counties to use their natural resources to generate revenue.
Problematizing the status quo draws a conclusion that despite devolution being a vehicle for
development in the lake region, it has also presented challenges for development as discussed in
the previous sections of this paper. To mention but a few, mismanagement of resources and
corruption at the county level has greatly hindered development. In addition, disparities among
counties in resource allocation and government practices have led to uneven development, with
some areas within the lake region seriously lagging behind. These challenges draw our attention
to the need for stronger accountability mechanisms and better coordination to fully realize what
the ‘messiah’ brought. We have comprehensively discussed some of the recommendations for
realization of the developmental promise of devolution.

108
(PDF) Devolution in Kenya as a Mechanism of Inclusive Development: Challenges and Prospects
109
Sharma CK. Governance, governmentality and governability: Constraints and possibilities of decentralization in
South Asia; 2014.
110
(PDF) Devolution in Kenya as a Mechanism of Inclusive Development: Challenges and Prospects
The upshot of the foregoing is that there is a pressing need for socio-legal engagement to ensure
that laws are responsive to the lived realities, aspirations, and challenges of the communities they
serve.

7. RECOMMENDATIONS

7.1 Strengthening the Legal Framework to Enhance Clarity and Coordination

There is a need to harmonize national and county laws so as to eliminate jurisdictional overlaps,
especially in service delivery sectors such as health, education, and infrastructure. The national
government should enact legislation formally recognizing and guiding the operations of regional
economic blocs such as the Lake Region Economic Bloc (LREB), which currently operate in a
legal vacuum.

7.2 Capacity Building and Institutional Strengthening

Both the national and county governments should invest in sustained capacity-building programs
for public servants, including financial management, procurement, planning, and monitoring.
Counties in the Lake Region should receive targeted support to build technical expertise,
especially in sectors devolved under the Fourth Schedule of the Constitution.

7.3 Promoting Civic Education and Accountability

For public participation to be effective, citizens need to be well informed. Civic education
programs need to be adequately funded to raise awareness about citizens’ rights, county budgets,
and development priorities.

7.4 Promoting Public Participation and Legal Empowerment

To operationalize Article 10 and Article 174 of the Constitution, counties must institutionalize
inclusive participatory mechanisms in budgeting, planning, and service delivery. Further, there is
a need to not only raise awareness, but also provide practical tools like legal aid centers that shall
citizens assert their rights under devolved structures.

7.5 Judicial and Oversight Reforms

The Judiciary should continue playing its role in defining and interpreting the legal framework of
devolution by strengthening devolution jurisprudence, especially in cases concerning intercounty
disputes and accountability. The establishment of more High Court stations and mobile courts
within counties can enhance access to justice.

7.6 Public Participation Reforms

Currently public participation practices are often symbolic and dominated by the political class.
There is a need to develop enforceable county public participation frameworks aligned with
national policy and best practices.