Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2018 Assessing Kenya’s Cooperative Model of Devolution: A Situation-Specific Analysis James T. Gathii Loyola University Chicago, School of Law,
[email protected] Harrison Mbori Otieno Strathmore University Law School,
[email protected] Follow this and additional works at: https://lawecommons.luc.edu/facpubs Part of the Comparative and Foreign Law Commons Recommended Citation James Thuo Gathii; Harrison Mbori Otieno, Assessing Kenya's Cooperative Model of Devolution: A Situation-Specific Analysis, 46 FED. L. REV. 595 (2018). This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. ASSESSING KENYA'S COOPERATIVE MODEL OF DEVOLUTION: A SITUATION-SPECIFIC ANALYSIS James Thuo Gathii* and HarrisonMbori Otieno** ABSTRACT Kenya's form of quasi-federalism termed devolution was introduced under the Constitution of Kenya (2010) ('2010 Constitution). This governance system establishes 47 county governments which are constitutionally independent sub-national units with direct election of county level leaders. Given the complexity of devolution's relationship to national politics, as well as the broad variation in how devolution has unfolded in the 47 counties since 2013, this article argues in favour of a situation-specific assessment of devolution in Kenya. This analysis departs from the emerging scholarly consensus of devolution in Kenya represented in two predominant approaches. One approach contends that devolution in Kenya has simply devolved corruption and patronage from the national to the county level.