The Kenyan Senate has sharply criticised county governments for failing to fully implement municipalities as required under the Urban Areas and Cities Act and the Constitution.
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Kenya’s Senate oversight highlights stalled municipal implementation as counties struggle to fully devolve urban governance. |
Despite cities and towns qualifying for municipal status, most counties have either stalled the process or implemented it only on paper, denying residents the benefits envisioned under devolution.
What the Law Requires Counties to Do
Under Kenyan law, municipalities are meant to operate as semi-autonomous units within counties. Once established, they should have:
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Gazetted municipal charters
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Appointed municipal boards
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Clearly defined delegated functions
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Dedicated budgets and financial independence
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Authority over local revenue collection and expenditure
The Senate committee noted that many counties continue to centralise these functions at county headquarters, effectively reducing municipalities to ceremonial entities.
Counties Found Non-Compliant
The CPIC reviewed several counties, including Mombasa, Embu, Busia, Vihiga, Kwale, Tana River, Lamu, Nyandarua, and Tharaka Nithi. None of them was found to be fully compliant with the law.
Key failures identified include:
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Delays in gazetting municipal charters
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Lack of operational municipal boards
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County executives retaining control of municipal finances
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Failure to devolve staff, payroll, and decision-making powers
The Senate warned that such practices violate both the spirit and letter of devolution.
Why Municipalities Matter Under Devolution
Municipalities are not optional administrative layers. They are critical for:
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Efficient urban service delivery (waste management, roads, markets)
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Local accountability closer to residents
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Planned urban growth and land-use control
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Attracting investment through structured governance
Without fully functioning municipalities, urban centres risk mismanagement, congestion, and declining public services.
Excuses Rejected by the Senate
Some county officials blamed low revenue, administrative complexity, or competing priorities for delays.
However, the Senate dismissed these explanations, stating that legal compliance is mandatory, not discretionary.
The committee stressed that counties cannot cherry-pick which laws to implement while enjoying allocations from the national government.
Senate’s Next Steps
To address the impasse, the Senate plans to engage the Council of Governors (CoG) through a joint retreat aimed at:
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Clarifying the roles of county executives and municipal boards
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Enforcing timelines for full implementation
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Strengthening oversight on urban governance
The Senate also hinted at possible sanctions and budgetary consequences for counties that continue to defy the law.
Bigger Picture: A Test for Devolution
This issue exposes a deeper challenge within Kenya’s devolved system — resistance to decentralising power even at the county level.
While devolution transferred authority from Nairobi to counties, many governors appear reluctant to further devolve power to municipalities.
For urban residents, the cost is clear: weaker services, reduced participation, and stalled development.
Conclusion
The Senate’s intervention sends a strong message: municipalities are a legal obligation, not a political favour.
Counties that fail to operationalise them risk undermining devolution, urban growth, and public trust.
As Kenya’s towns continue to expand, fully empowered municipalities are no longer optional — they are essential.
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