Devolution: Kenya's pathway to Inclusiveness and Social Justice

The 2025 Devolution Conference, themed; ‘For the people; for prosperity: Devolution as a catalyst for equity, inclusion and social justice’, is timely and compelling as it enables the citizens and policymakers to engage in the discourse on how county governments underpinned by good governance fulfill the Constitution’s ambition of an equitable society where all citizens, regardless of their background, have equal opportunities and access to resources and rights.

Devolution is one of the most transformative changes in the Constitution of Kenya 2010. According to Article 174 of the Constitution the key objectives of devolution include, among others, to promote social and economic development and to provide proximate, easily accessible services throughout Kenya. Indeed, the expectation is that devolution would not only increase the accountability of the 47 county governments to citizens but also mainstream social justice.

The 2025 Devolution Conference thus provides an opportunity to interrogate the concept of social justice which is a contested terrain because different individuals and social groups hold different perceptions of what is considered a “just society” and who should be allocated societal benefits. Be that as it may, social justice is a societal value that guides human interaction and, in particular, the fair distribution of society’s benefits, advantages, and assets, not just by law and in the courts but in all aspects of society.

Social justice is not just about securing rights or doing right but also about our responsibilities and their consequences.

It focuses our attention on the relative position of different members of our society and on examining the disparities that might exist, the root causes of these disparities, and the opportunities for eliminating them. In precis, social justice is a broad concept that encompasses the fair and just distribution of resources, opportunities, and outcomes across various groups and individuals within society.

It involves actively working to dismantle the barriers and biases that obstruct people from realising their full potential and participating fully in community life.

In this regard, social justice is not an abstract ideal, it is a compelling legal and human rights issue premised on the distributive justice theory as espoused by John Rawls who advocates for fair, just and equitable distribution of benefits and burdens. These benefits include income, economic wealth, social services among others. It envisions a society of free citizens holding equal basic rights cooperating within an egalitarian system.

When children lack pre-primary education, when women face barriers to healthcare, or when marginalised communities are denied economic opportunities, these are violations of fundamental rights. The link is undeniable: Human rights abuses fuel the economic, social, and cultural deprivations that define injustice. It follows, therefore that the realisation of human rights and efforts to enhance social justice are mutually reinforcing and human rights norms and principles ought to guide efforts to promote social justice. Devolution offers a way to break this flaw by embedding a human rights approach to social justice.

By treating citizens as rights-holders and governments as duty-bearers, county governments breathe life to the concept of social justice. Pursuant to Part 2 Schedule Four of the Constitution, county governments deliver services at the grassroots level to enhance human rights obligations.

Counties provide access to essential services such as health, water and resources to people living in disadvantaged communities or in negative situations, which empowers them to lead better lives. Ultimately, such critical focus on championing the rights of the vulnerable and marginalised not only responds to international obligations but also forms a cornerstone for equitable societies where every person regardless of their background, gender or social standing can lead a life of respect and opportunity.

As the country continues to make strides in achieving the Sustainable Development Goals, particularly in the areas of gender equality, access to education, and economic inclusion, the need for county governments to embrace a human rights approach to service delivery is greater than ever.