Raila Proposes Overhaul of Kenya’s Governance with New Three-Tier System

ODM leader Raila Odinga has proposed a major overhaul of Kenya’s governance structure, including the abolition of the provincial administration and the creation of a three-tier system of government.

Fifteen years after the 2010 Constitution came into force, national discussions are intensifying over whether the current legal framework meets Kenya’s evolving governance needs. Political leaders, legal scholars, and civil society groups are revisiting key constitutional provisions, with particular focus on devolution, public participation, and institutional accountability.

Odinga, a central figure in the 2010 constitutional process, has criticised the continued presence of the provincial administration. He argues that this system, which predates devolution, is incompatible with county autonomy. His remarks follow recent government moves to strengthen provincial structures through the training of chiefs, deployment of police officers, and compensation of village elders, actions he views as undermining the devolution framework.

As part of his reform agenda, Raila has called for a three-tier model of government comprising national, regional, and county levels. Citing Nigeria as an example, he claims this structure would improve service delivery and ensure more equitable resource distribution. While emphasising that no counties should be dissolved, he maintains that dismantling the provincial administration is necessary to realise the full potential of devolution.

Raila also wants the National Government Constituencies Development Fund (NG-CDF) shifted from Members of Parliament to county governments. He argues that MPs should limit themselves to legislative and oversight roles, warning that their involvement in development projects compromises transparency and accountability. Despite acknowledging the political risks, Raila has vowed to take the proposals directly to the public.

Resistance is emerging, particularly from governors and local leaders concerned about potential loss of influence and control over funding. Some groups have even suggested reinstating the pre-2010 provincial system, an idea that would mark a significant shift in Kenya’s governance structure.

Speaking at a commemorative event at the Kenyatta International Convention Centre, Raila expresses concern that Article 1 of the Constitution, which places sovereignty in the hands of the people, has not been adequately implemented. He called for stronger mechanisms to facilitate direct citizen engagement beyond elections.

Under Article 257 of the Constitution, amendments via popular initiative require the collection of at least one million verified signatures, approval from a majority of county assemblies, and endorsement by both Houses of Parliament. If the proposed changes affect protected clauses under Article 255(1), a national referendum is required.

President William Ruto, addressing the same event, emphasised his administration’s commitment to devolution. He noted that counties have received Sh4 trillion over the past 12 years, but warned that judicial corruption poses a threat to constitutional progress. He highlighted recent legislative reforms, including the County Public Finance Law Amendment Act of 2023 and the County Allocation of Revenue Act of 2025, as steps toward fairer resource distribution.

Prime Cabinet Secretary Musalia Mudavadi expressed caution over the frequency and cost of constitutional review efforts. Drawing comparisons to the 1963 Constitution, which underwent numerous amendments, he questioned whether the current framework is inherently rigid or if past reform attempts lacked proper execution. He noted that public participation in law-making has cost the state Sh18 billion over the past five years and warned against duplicating processes across government institutions.

Kenya’s past reform efforts have faced legal and political obstacles. The most notable example, the Building Bridges Initiative (BBI) led by Raila and former President Uhuru Kenyatta, was nullified by the courts after extended litigation. A new round of talks, under the National Dialogue Committee (Nadco), is exploring changes such as introducing the office of Prime Minister and creating a formal role for the Leader of the Opposition.

Legal experts have also weighed in on unresolved constitutional issues. Professor Ben Sihanya, speaking at a Nation Media Group forum, stressed the need for a constitutional amendment to address the two-thirds gender representation rule. He argued that legal provisions alone cannot ensure gender parity in Parliament, stating, “Democracy has its own rules. You cannot force voters to elect women.”

Raila also criticised the performance of state institutions in upholding constitutional values, specifically pointing to the National Police Service, which he accused of continued abuses. He called for renewed police reform, stating that institutional inaction has weakened the Constitution’s original vision.