Financial Implications of National Government Policies and Legislations: A Case for Additional Resource Allocation to Counties for Implementation

Abstract

The fundamental problem identified and discussed in this article is the challenge created by national government policies and legislations which create additional financial obligations for county governments without making provision for the additional resources required by counties for implementation. The problem is discussed within the context of the Universal Health Coverage (UHC) reforms in the health sector that are anchored in the Kenya Kwanza Manifesto and the four UHC Acts enacted in October 2023. These policies and legislations do not make provision for adequate resources for implementation of these reforms by county governments, yet they bear the primary responsibility of implementation given devolution of health. The article therefore examines the constitutional process of adoption and enactment of such policies and laws and the obligations it imposes, in order to determine what may be the problem that leads to the failure to provide for the additional finances and what needs to be done about it.