The 2010 Constitution and Devolution
Kenya's 2010 constitution devolved significant power and resources to 47 county governments. Each county has its own governor, county assembly, and allocated budget.
The intention was to bring government closer to communities and improve service delivery. However, devolution also created 47 new centers of political power and 47 new opportunities for corruption.
Resource Control and Patronage
County governments control substantial resources:
- County budgets: Billions of shillings annually
- Land allocation: Counties have authority over some government land
- Licenses and permits: Counties issue business licenses, building permits, and other permits
- Procurement: Counties conduct procurement for county services
All of these resources can be used for patronage or stolen through corruption.
Documented County-Level Scandals
Multiple counties have experienced major corruption scandals:
- Nairobi: City county government has faced multiple procurement scandals
- Mombasa: County government has experienced corruption in property transactions and procurement
- Kisumu: County government has faced irregularities in resource allocation and contract award
- Multiple counties: Auditor General reports regularly flag irregular expenditure in county governments
The pattern of county corruption suggests that the vulnerabilities present at the national level are replicated at the county level.
Governor Accountability
County governors are elected and theoretically answerable to county assemblies. However, county assembly oversight of governors has been limited:
- Political interference: Governors pressure county assembly members of their own party
- Limited resources: County assemblies lack capacity to conduct sophisticated oversight
- Weak accountability institutions: Counties often lack strong audit and ethics oversight
County Procurement Corruption
County procurement has been a major avenue for corruption. County governments purchase goods and services through a procurement process that, at the county level, is even more vulnerable to manipulation than the national level.
County contractors (often politically connected) inflate bids. Phantom companies are created. Inferior goods are supplied at inflated prices.
Asset Stripping
Some counties have engaged in asset stripping, similar to national-level issues:
- Sale or lease of county land at below-market rates to politically connected individuals
- Allocation of county properties to politicians or allies
The Scale
Corruption at the county level is significant but often underreported. A county losing KES 500 million to corruption (modest by national standards) impacts significantly that county's development.
With 47 counties each with corruption, the cumulative effect is substantial.
Institutional Weakness
County governments inherit the same institutional weaknesses as the national government:
- Weak audit capacity: County audit offices lack resources
- Politicized appointment: Audit and oversight officials are appointed by governors
- Limited enforcement: Even when irregularities are documented, prosecution is minimal
The Cost to Development
Corruption in county governments directly impacts development:
- Healthcare funds that could build clinics are stolen
- Education funds that could pay teachers are stolen
- Water funds that could install systems are stolen
Poor county residents who depend on public services bear the cost of county corruption.
Devolution Without Accountability
Devolution was intended to improve accountability by bringing government closer to communities. However, without strong accountability institutions, devolution created new opportunities for corruption without creating new mechanisms to constrain it.
See Also
- County Government Corruption
- Corruption in Kenya Overview
- Auditor General Role
- Corruption Networks Kenya
- Public Procurement Corruption
Sources
- Auditor General Kenya. "County Government Audit Reports." 2015-2025. https://www.oag.go.ke
- Commission on Revenue Allocation. "County Government Resource Management Reports." 2015-2025. https://www.crakenya.org
- Transparency International Kenya. "Corruption in County Governments." 2016. https://www.ti-kenya.org
- World Bank. "Kenya County Governance Review." World Bank, 2018. https://www.worldbank.org
- Daily Nation. "County Governors and Corruption: A Survey of Scandals." News archives. https://www.nation.co.ke