The Kilifi County Government has been given one month to provide a comprehensive report on gaps in the regulations required to operationalise dozens of laws enacted by the county, after the Senate Committee on Delegated Legislation raised serious concerns over what it described as failures in implementing the county’s legislative framework.

Speaking during a joint engagement between the Senate Select Committee on Delegated Legislation and its counterpart Committee of the Kilifi County Assembly, Senate Committee Chairman Senator Mwenda Gataya (Tharaka Nithi) said the Committee’s assessment had uncovered glaring gaps in the implementation of county laws, including instances where regulations required to give effect to legislation had not been formulated.

Senator Gataya said the situation amounted to an abdication of duty by the County Executive, leaving residents and county institutions operating under laws that could not be effectively implemented because the necessary regulations were either missing or had not been subjected to the required scrutiny.

The meeting, held at the Kilifi County Assembly, was attended by the County Executive, led by Deputy Governor Flora Chibule, as the Senate Committee sought explanations from various departments on the status of regulations supporting county legislation.

The Committee was particularly unimpressed by the County Executive’s failure to act on guidance issued during its previous visit to Kilifi in 2025, with members questioning why the same gaps had persisted despite the matter having been raised earlier.

Members expressed concern that the failure to implement the Committee’s previous recommendations pointed to a deeper problem of institutional accountability and disregard for the legislative processes required to make county laws effective.

Members of the Kilifi County Assembly who attended the engagement also raised strong concerns over what they described as a lack of commitment by the County Executive to the rule of law. 

The Committee established that county departments had failed to comply with the requirement to develop and submit regulations under various pieces of county legislation. The failure, it said, had created significant gaps in the implementation of county laws and impeded the effective operation of the county’s legislative framework.

In total, the Committee identified 36 County Acts and legislative instruments across eight departments for which the requisite supporting regulations had either not been developed or had not been submitted to the County Assembly for scrutiny and consideration.

The affected legislation spans key sectors, including revenue and taxation, education, environment, agriculture, livestock, trade, healthcare and social development. Among the laws identified are the Valuation for Rating Act, Revenue Administration Act, Tax Waivers Administration Act, Early Childhood Education Act, Vocational and Technical Act, Solid Waste Management Act, Climate Change Act, Liquor Control Act, Trade Licence Act, Agricultural Development Fund Act, and Betting, Gaming and Lotteries Act.

The list also includes laws covering disability, sexual and gender-based violence, healthcare and community health, transport, citizen participation, cultural heritage, quarrying, forestry and inspectorate services. Other affected legislation includes the Health Facilities Improvement Fund Act, Community Health Service Act, Persons with Disability Act, Sexual and Gender-Based Violence Act, Agricultural Training Centres Act, and Inspectorate Services Act.

The County Executive submitted that various regulations were at different stages of development, assuring the Committee that it would strive to ensure adherence to the required legal processes.

However, the Committee directed the County Assembly, in consultation with the County Executive, to prepare and submit a comprehensive report on the matter to the Senate.

The Committee warned that failure to operationalise county laws through regulations creates administrative and legal gaps, delays the implementation of legislative decisions, and can leave residents without clear mechanisms for enforcing rights and obligations created under county legislation.

Other members present were Senators Julius Murgor (West Pokot), Betty Montet and Consolata Wakwabubi.