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Selected Works

James T Gathii

Comparative and Foreign Law

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Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno Jul 2019

Assessing Kenya’S Cooperative Model Of Devolution: A Situation-Specific Analysis, James T. Gathii, Harrison Mbori Otieno

James T Gathii

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 …