Kenya promulgated a new constitution on 27th August 2010. The constitution introduced a new system of governance in which 47 counties have been created and functions allocated as per Schedule 4 of the constitution. Based on the provisions of section 15 of Schedule 6 to the new constitution it was expected that the counties were to take these functions in asymmetrical manner over a period of three years. This was to allow the National Government build capacity to those counties whose capacity was inadequate so that by the third year they are all ready to take up all the functions as specified in Schedule 4. To facilitate this process the Transition Authority (TA) was established under the Transition to Devolved Government Act, 2012. The TA is mandated to facilitate the process of establishment of the county governments and transfer of functions in an orderly manner within the period specified of three years. The objective of the assignment was to undertake assessment to facilitate the TA counter the county governments demand for the transfer of various functions and also facilitate the counties put in place appropriate budgets and other facilities in place within the next financial year 2013/14 to facilitate them take up those functions.

Assessment of compliance with Section 24 of the Transition to Devolved Government Act, 2012 for 9 counties which included Garissa, Kilifi, Kitui, Kwale, Lamu, Makueni, Mombasa, Tana and Taita Taveta. The assessment was to ensure:

• That there is are legislations in place relating to the function(s) being devolved
• That a framework for services delivery have been put in place to implement the function
• That the county government has identified and put in place administrative units related to the function(s)
• That the county government has undertaken a capacity assessment in relation to the function
• That the arrangements for further decentralisation of the function and provision of related services by the county are in place
• That the required infrastructure and systems are in place to deliver the function
• That the county government has the necessary financial management in place to facilitate proper and adequate accounting of the funds related to the function
• That the county has the required human resources to undertake the function sustainably
• That the county government has in place the budgets and plans which include the function to be devolved
• Any other requirements which may be specific to a county as may be specified after consultation between the TA, CIC and the CRA.