By Grace Waithaka
IGRTC has clarified the functions of county governments in the provision of education support responding to recent inquiries from the Office of the Controller of Budget regarding this issue.
The organisation established by the Intergovernmental Relations Act of 2012, plays a pivotal role in facilitating collaboration between the national and county governments, as outlined in Articles 6(2) and 189 of the Constitution of Kenya. These constitutional provisions underscore the importance of a consultative and cooperative governance model.
In its statement the organisation also highlighted that the Constitution’s Fourth Schedule clearly defines the functions of both levels of government. While the national government holds responsibility for certain education-related functions, including the provision of bursaries and scholarships, county governments play a complementary role in supporting educational initiatives at the local level. According to Article 186(3) of the Constitution, functions not explicitly assigned to county governments fall under the jurisdiction of the national government.
The IGRTC emphasized the need for continued intergovernmental cooperation, particularly in the transfer of functions and resources. Article 187 allows for the transfer of functions between levels of government by mutual agreement, provided that the transfer aligns with the principle of effectiveness and that resources are allocated accordingly. To this end,this organisation has been actively involved in the transfer of devolved functions and resources to counties, following a consultative process to ensure smooth implementation. This includes the recent publication of a special issue in the Kenya Gazette Notices, which delineated functions between national and county governments.
Regarding the ongoing discussions on educational support, the committee acknowledged that the lack of specific legislation on bursaries and scholarships has left such functions under the national government’s purview. However, IGRTC also encouraged counties to engage in Intergovernmental Partnership Agreements (IPAs) with the national government, a mechanism that has proven successful in other sectors. These agreements will help ensure that devolved funds are properly allocated and managed to support education at the county level.
In addition, the IGRTC called for the establishment of an education sector forum to bring together stakeholders from both levels of government to discuss and resolve any issues in the implementation of education functions. This forum would provide a platform for constructive dialogue and coordination to ensure that the education sector delivers effectively for all Kenyans.
Ms. Saadia Kontoma, Vice-Chairperson of IGRTC, reaffirmed the committee’s commitment to supporting both levels of government in fulfilling their mandates. She stressed that education is a fundamental right for all citizens and that collaboration between national and county governments is essential to achieving a robust education system that meets the needs of every Kenyan.