Kenya’s devolution cannot deliver accountable government when governors decide they no longer have to answer the assemblies elected to scrutinise them.
Development Diaries reports that a Kenyan governor has repeatedly ignored summonses issued by the county assembly and refused to pay fines imposed for previous failures to appear, while a recent court ruling on casual workers is expected to reshape employment practices and strengthen workplace protections across the country.
County assemblies exist to question how governors manage public resources and deliver services. A governor who repeatedly ignores those summonses without consequence weakens one of the key safeguards that gives devolution its meaning.
The court’s decision on casual workers also shifts attention to another institution responsible for protecting citizens’ rights. It is expected to influence how employers hire casual workers, structure employment contracts and comply with labour standards.
Both developments point to the same governance challenge because institutions created to enforce the law remain effective only when those subject to their authority comply with their decisions.
County assemblies can summon governors, demand explanations and impose sanctions, but those powers mean little when enforcement fails. Governors who calculate that defying scrutiny carries fewer consequences than submitting to it expose one of the biggest weaknesses in Kenya’s devolved system of government.
The county executive is accountable to the county assembly, which is legally empowered under the County Governments Act to scrutinise public spending and executive conduct. The Controller of Budget and the Ethics and Anti-Corruption Commission also oversee county finances, while the Ministry of Labour and the Employment and Labour Relations Court are responsible for ensuring that the rights recognised in the casual-worker ruling are enforced.
Kenya’s 2010 constitution vests sovereign power in the people and requires public officers to remain accountable for their actions. Article 41 also guarantees fair labour practices, making executive accountability and the protection of casual workers constitutional obligations rather than matters of administrative discretion.
Residents who depend on county governments for water, healthcare, roads and other essential services bear the greatest cost when governors avoid scrutiny because weak oversight allows poor decisions, waste and abuse of public resources to continue unchecked.
Young people, women and low-income earners working as casual labourers in agriculture, construction and domestic work face similar risks when employers exploit insecure contracts without effective enforcement of labour protections.
Devolution succeeds only when county assemblies can compel governors to account for their decisions. Once summonses and sanctions can be ignored without meaningful consequences, institutions created to protect citizens gradually lose their authority.
Citizens should attend county assembly sittings, demand enforcement of the penalties already imposed on the governor and report exploitative casual-employment practices to the Ministry of Labour while supporting workers seeking to enforce the recent court ruling.
The county assembly should pursue judicial enforcement of its summonses and sanctions while publishing every step taken to secure compliance, and the Ministry of Labour should issue clear implementation guidelines to ensure employers across Kenya comply with the court’s decision on casual workers.
Photo source: Flightlog