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Clarification of County Governments’ Functions in Education Support

by admin
January 16, 2025
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Clarification of County Governments’ Functions in Education Support
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Today, the Intergovernmental Relations Technical Committee (IGRTC) issued a press statement emphasizing the importance of cooperation between the national and county governments in providing educational support. As enshrined in Kenya’s Constitution, specifically Articles 6(2) and 189, a consultative and cooperative framework is central to the functioning of the devolved system of government. The IGRTC has been entrusted with facilitating consultations, coordination, and cooperation between the two levels of government, ensuring that the mandates and functions are efficiently executed.

The Committee’s statement responds to a recent circular issued by the Office of the Controller of Budget, which seeks to clarify the roles of county governments in supporting education. The Constitution, under the Fourth Schedule, clearly demarcates the functions assigned to both the national and county governments. In situations where a function or power is not explicitly assigned to counties by the Constitution or national legislation, it remains a responsibility of the national government as outlined in Article 186(3).

In line with the Constitution’s provisions, IGRTC continues to support the ongoing transfer of functions and resources between the two levels of government. A recent milestone in this process was the publication of the Kenya Gazette Notices Numbers 16472 to 16483, which marked a significant step towards the unbundling and delineation of functions between the national and county governments. This was done to ensure that the resources necessary for the effective delivery of these functions are allocated accordingly.

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On the issue of education support, specifically the issuance of bursaries and scholarships, the program is rooted in the need to promote social and economic development. While the provision of bursaries and scholarships is crucial to educational accessibility, it remains a national government function due to the lack of legislation governing such matters at the county level. This aligns with Article 186(3), which places the responsibility under the national government.

In order to improve the coordination and resourcing of education support initiatives, IGRTC urges county governments to enter into Intergovernmental Partnership Agreements (IPAs) with the national government. This approach will ensure that resources follow the functions and that counties are empowered to fulfill their mandates effectively. The IGRTC remains committed to assisting counties in adhering to the circular and ensuring the successful execution of their responsibilities.

To enhance collaboration between the national and county governments, the IGRTC also calls for the establishment of an education sector forum where stakeholders can engage in meaningful discussions on the way forward. Such a forum will provide a platform to resolve disagreements and align efforts to ensure that the education sector continues to thrive.

Education is a fundamental right for every Kenyan, and both levels of government must work hand in hand to ensure its effective delivery. The IGRTC stands ready to support both the national and county governments in executing their roles for the benefit of all citizens.

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