Before 2010, Kenya operated as a centralized, unitary state. All significant power and resources were concentrated in the national government in Nairobi. The 2010 Constitution fundamentally changed this structure by introducing a system of devolved government, creating a national government and 47 county governments. This wasn't just a reshuffling of administrative offices; it was a philosophical shift aimed at bringing power closer to the people.

The core goals of this new system are laid out in Article 174 of the Constitution. Devolution is designed to promote democratic and accountable exercise of power, foster national unity, and empower communities to manage their own affairs. Other key objectives include ensuring the equitable sharing of national and local resources, enhancing the participation of the people in decisions affecting them, and protecting the rights of marginalized communities.

To make devolution work, the Constitution clearly divides functions between the two levels of government. This is detailed in the Fourth Schedule, which assigns specific powers and responsibilities exclusively to the national government, exclusively to the county governments, or in some cases, allows for concurrent authority. The national government retains functions of nationwide scope, such as foreign affairs, immigration, and national defense. County governments, on the other hand, are responsible for services that are more local in nature.

A key element of devolution is financial autonomy, or fiscal decentralization. Without control over resources, county governments would be unable to perform their assigned functions. To ensure counties have the necessary funds, the Constitution mandates that a percentage of all revenue raised nationally must be allocated to county governments. This process is overseen by the Commission on Revenue Allocation (CRA).

The CRA is an independent commission established under Article 215. Its primary role is to make recommendations concerning the equitable basis for sharing revenue between the national and county governments, and among the county governments themselves. It uses a formula that considers factors like population, poverty levels, land area, and basic equal share to ensure fairness. Once counties receive their allocation, they are responsible for their own budgeting and financial management, guided by public participation and oversight.

The relationship between the national and county governments is defined as 'distinct and interdependent.' They have their own spheres of influence but must cooperate. To manage this relationship, the Intergovernmental Relations Act establishes structures like the National and County Government Coordinating Summit, which brings together the President and the 47 county governors to discuss policy, resolve disputes, and coordinate functions.

While devolution grants counties significant autonomy, the Constitution includes safeguards to ensure they function properly. Article 192 provides a mechanism for the suspension of a county government in exceptional circumstances. This is a measure of last resort, not a tool for political interference by the national government.

Suspension can be considered if a county government is in serious violation of the Constitution or other laws. The process is rigorous: it requires an independent commission of inquiry to investigate the claims and a vote of authorization from the Senate. If a county is suspended, its functions are temporarily taken over by an interim authority, but the suspension cannot last for more than 90 days, after which elections must be held. This ensures that the democratic will of the people in that county is restored quickly.

This shift to a devolved system represents one of the most transformative aspects of the 2010 Constitution, fundamentally reshaping governance and public service delivery in Kenya.