Some county governments are delaying the full implementation of municipalities, raising concerns that fears of losing authority are hindering compliance with the Constitution and the Urban Areas and Cities Act (UACA), according to a Senate committee.
The Senate County Public Investments and Special Funds Committee (CPIC) revealed that most of the country’s 47 counties have yet to fully operationalise municipalities, despite the law clearly integrating them within the devolved framework.
Under the UACA, municipalities are meant to function as agencies of county governments, with governors and executive committees delegating specific powers and functions. The committee noted that many counties are not following these legal and constitutional requirements.
Article 184 of the 2010 Constitution mandates Parliament to set rules for urban governance, including how urban areas are classified, managed, and how public participation should be conducted.
The UACA, enacted under this provision, requires municipalities to have full operational and financial independence.
CPIC chairperson Godfrey Osotsi (Vihiga) said most counties have either partially or completely failed to implement the law, including establishing gazetted municipalities and granting them charters.
Of the nine counties that appeared before the committee between Monday and Wednesday this week, none had fully complied, an issue previously highlighted by Auditor-General Nancy Gathungu.
The counties appearing before the committee over audit queries included Vihiga, Busia, Tana River, Mombasa, Kwale, Tharaka Nithi, Lamu, Nyandarua, and Embu, with matters spanning municipalities, hospitals, and water companies.
Speaking on Wednesday, Vihiga Governor Wilber Ottichilo said his county had awarded charters to Luanda and Kaimosi municipalities, with more expected later this year. “The board is in place. Services have been transferred and gazetted,” he said, while noting that the county still manages municipal payrolls.
Kwale Governor Fatuma Achani faced questions on how municipalities could be autonomous if payroll and revenue collection remained centralised.
Nominated Senator Raphael Chimera asked: “If revenue is collected centrally, how independent are the municipalities?” Achani said charters were awarded to Kwale and Diani municipalities in 2019 and to Kinango and Lungalunga in 2022.
She added that municipalities had their own budgets and projects but could not collect revenue independently due to financial constraints and competing priorities such as health and early childhood education.
She dismissed claims that fear of losing control was the reason, saying: “I do not think that is the issue. In Kwale County, I do not need to control resources to have power.”
In Tharaka Nithi, Governor Muthomi Njuki said municipalities would not be fully functional until 2028, despite municipal managers being appointed, citing revenue collection challenges.
Trans Nzoia Governor George Natembeya struggled to justify why an acting municipal manager had served for two years in breach of the law and called for clearer guidance on municipal revenue.
The committee praised Kilifi County for progress but noted the need for clarity to prevent conflicts between counties and municipalities, as stressed by Governor Gideon Mung’aro.
Migori Senator Eddy Oketch warned that the law is clear and leaves no room for interpretation, cautioning that weakly structured municipalities could become avenues for corruption.
Osotsi added that many governors are hesitant to surrender authority, and announced that the committee would hold a joint retreat with the Council of Governors to clarify roles.
Senators emphasised that compliance is mandatory, noting that urbanisation, currently at 34 per cent, is expected to reach 50 per cent by 2050.
