The Constitution of Kenya created a devolved system of governance replacing the centralized system of governance in Kenya. This resulted to the establishment of devolved units of governments that are distinct but interdependent. The development was part of a global trend with numerous countries opting to devolve power, responsibility, and resources from the centre to lower levels for improved service delivery and increased accountability. The Fourth Schedule of the Constitution assigned functions to both levels of government.
The defunct Transition Authority (TA) facilitated the transfer of devolved functions to county governments as per the Transition to Devolved Government Act, 2012. The IGR Act, 2012, is the legal foundation enabling the management of intergovernmental relations. The Act established Intergovernmental relations technical committee (IGRTC) as the state agency mandated for day-to-day administration of the national and county governments coordinating summit (Summit) and the Council of County Governors (COG). IGRTC is also responsible for the takeover of residual functions of the defunct TA.
Devolution provides for the sharing of power, resources and decision-making down to the grassroots level. However, the implementation of a change of such magnitude cannot be without its challenges, which have often resulted in inter- and intra-governmental disputes. The COK Articles 6(2) and 189 upholds the principle of intergovernmental relations through consultation, cooperation and coordination between and amongst the two levels of government in discharge of their mandates. The intergovernmental relations structures established for deepening devolution include; The Summit, IGRTC, COG, Intergovernmental Budget and Economic Council (IBEC), Controller of Budget (COB), Commission on Revenue Allocation (CRA), County Assemblies Forum (CAF) and Parliament.
