Background to Counties

Until the promulgation of the Constitution of Kenya on 27^th August, 2010, the country was divided into 8 provinces. Article 6 of the Constitution establishes 47 counties as the units of devolved government. According to Article 174 of the Constitution, devolution has the following objects:

(a) to promote democratic and accountable exercise of power;

(b) to foster national unity by recognising 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 recognise the right of communities to manage their own affairs and to further their development;

(e) to protect and promote the interests and rights of minorities and marginalised communities;

(f) to promote social and economic development and the provision of proximate, easily accessible services throughout Kenya;

(g) to ensure equitable sharing of national and local resources throughout Kenya;

(h) to facilitate the decentralisation of State organs, their functions and services, from the capital of Kenya; and

(i) to enhance checks and balances and the separation of powers.

Apart from the Constitution, the following pieces of legislation have been enacted to facilitate implementation of devolution:

• Basic Education Act, No 14 of 2013
• The National Government Constituencies Development Fund Act, No. 30 of 2015
• County Governments Act, No. 17 of 2012
• County Governments Public Finance Management Transition Act, No 8 of 2013
• Intergovernmental Relations Act, No. 2 of 2012
• National Government Co-ordination Act, No. 1 of 2013
• Public Finance Management Act, No. 18 of 2012
• Transition to Devolved Government Act, No. 7 of 2013
• Urban Areas and Cities Act, No. 13 of 2011
• Public Service (Values and Principles) (No.1A of 2015)

The devolved system of government was operationalized after the country’s general elections held in March, 2013. Turkana is the largest county while Mombasa is the smallest one. The table below provides the basic information about the 47 counties.

Table 1: County Information