Quick Answer
Kenya’s Constitution divides government responsibilities between the national and county levels in its Fourth Schedule. Broadly, the national government sets policy and handles country-wide matters, while county governments deliver local services.
Key facts
- The Fourth Schedule splits functions between the two levels.
- 14 functions are devolved to county governments.
- Anything not specifically assigned stays with the national government.
- National = mostly policy; county = mostly service delivery.
How the Constitution splits responsibilities
The Fourth Schedule of the 2010 Constitution lists which functions belong to each level (Article 186). The guiding pattern is that the national government holds policy and country-wide roles, while counties handle on-the-ground delivery. Importantly, any function not expressly given to either level defaults to the national government.
What the national government does
The national government keeps the country-wide and policy functions, including:
- Foreign affairs, defence, and national security.
- Policing and immigration.
- National economic and monetary policy.
- Education policy, universities and standards for schools.
- National referral hospitals and overall health policy.
- Courts, national statistics, and elections.
What county governments do
Counties deliver local services — the 14 devolved functions — including county health facilities, county roads, water, agriculture and pre-primary education.
These are covered in full in the dedicated guide, What Do County Governments Actually Do?
Shared and unassigned functions
Not every function sits cleanly on one side:
- Concurrent functions are shared — conferred on both levels by the Constitution or national law.
- Residual functions are those not assigned to either level; by default these are national-government responsibilities.
Why this matters to you
Most service complaints are aimed at the wrong office. If a national referral hospital, the police, or university funding is the issue, that is national. If it is your local dispensary, the county road, or water, that is your county. Knowing the split saves you time and directs your demand to the leader who can actually act.
Frequently asked questions
How many functions are devolved to counties?
Fourteen, as listed in Part 2 of the Fourth Schedule.
Who is responsible for a function the Constitution doesn’t mention?
The national government — any unassigned (residual) function defaults to it.
Does the national government still run health and education?
It sets policy and runs national referral hospitals and universities; counties run county health facilities and pre-primary education.
Sources & references
- Constitution of Kenya 2010, Fourth Schedule and Article 186 — klrc.go.ke
- State Department for Devolution — devolution.go.ke