Sub-counties, also known as Districts, are the decentralised units through which government of Kenya provides functions and services.[1] At national level, sub-counties take a more administrative function like security, statistical purposes, provision of government services, etc. Even though the sub-counties are divisions of counties, powers to create new national sub-counties lies with the national government. As of 2023, there are 314 sub-counties, compared to 290 constituencies. A deputy county commissioner is appointed by the state to lead each sub-county. The sub-counties are further divided into divisions, locations and sub-locations.
Districts were introduced in Kenya by the colonial government for ease control and management of the colony. The number of districts in Kenya through the colonial period varied. Headed by District Commissioners (DC), districts were the second level of administration after the provinces. In 1962, as the colony was transitioning to self-rule, the colonial government redrew the districts and capped them at forty, in addition to the Nairobi Area.[2] A bicameral parliament meant that the districts were to send one senator to the Senate. In 1966, the Senate was abolished by an amendment to the constitution, making the districts purely administrative. By 1992, one district had been eliminated, six more had been created by splitting some of the existing districts. By the start of the 21st century more districts had been created, and by 2005, seventy two districts were in existence, and by 2010, Kenya had 265 districts. In 2009, the High Court declared all districts created after 1992 unlawful, though they remained functional.
Under the former Constitution of Kenya, the Provinces of Kenya were subdivided into a number of districts (wilaya). In line with restructuring the national administration to fit with the devolved government system brought in by the 2010 Constitution, that came into full effect following elections in March 2013, the 8 provinces and their administrators and districts were replaced by County Commissioners at the county level, while former districts existing as of 2013 were re-organised as sub-counties, and had Deputy Commissioners appointed over them.[3]
At county government level, except for the parts which fall under urban areas, sub-counties coincide with the constituencies created under article 89 of the Constitution of Kenya.[4] In that case, constituencies are sometimes referred to as 'sub-counties' at county management level, but defer significantly from the sub-counties at national level. The sub-counties have a sub-county administrator, appointed by a County Public Service Board.[5] The sub-counties or constituencies in this case are further divided into wards and villages. The county governments are mandated to appoint administrators in both decentralised levels.
As per the 1963 Constitution of Kenya, apart from Nairobi, there were forty districts across the seven semi-autonomus regions of Kenya which later became to be referred as provinces. The districts were represented by a single member in the senate.[6]
Following a High Court ruling in September 2009, there were 46 legal districts in Kenya,[7] excluding Nairobi which constituted a 47th district.
Following the Kenyan general election, 2013, these districts and Nairobi now constitute the 47 counties which will be the basis for rolling out devolution as set out in the 2010 Constitution of Kenya (district headquarters are in parentheses):
All these 46 districts (plus Nairobi) have been replaced with 47 counties since March 2013, promoting them as the first level of administrative subdivisions of the country, and the 8 former provinces (which were the first level of subdivisions) have been dissolved.
New districts started to be created by President Moi, and there were up to 57 districts in 2003 when President Kibaki first came into office.
In early January 2007, 37 new districts were created by the government from the 14 former districts, rising their number to 70.[8] [9]
Many more districts have been created since then, such that in July 2009 there were 254 districts (an up to 256 districts plus Nairobi on 20 September 2009, when the High Court outlawed 210 of them).[10]
The creation of new districts has been criticised by opponents for being waste of money and a populist attempt to please local residents. The government, however, say new districts bring services closer to the people and will provide security.[10]
The following list contains 208 districts, taken from a Kenyan government website in July 2009 (the list is incomplete, but their number stopped growing after the High Court decision in September 2009):[11]
In August 2009, however, the High Court of Kenya declared all districts created after 1992 illegal. The judge stated that the districts were created "in complete disregard of the law". As a result, Kenya had only 46 legal districts (excluding Nairobi with its special constitutional status as the capital of the country).[12] Following the March 2013 elections, these 46 districts – together with the City of Nairobi – constitute the 47 counties into which Kenya is now divided administratively, and they are also the 47 constituencies for the elections to the National Senate.
All the former districts have disappeared (as well as the former 8 provinces whose devolution was transferred to the new 47 counties), and are now considered only as "sub-counties", without autonomy; they are used in urban areas for a limited organisation for providing public services locally. These remaining sub-counties are transitional and could be replaced by more efficient cooperative structures grouping the local services in organised cities and their surrounding towns, either for dedicated missions or for temporary plans; so they may be deeply reorganised or disappear at any time. The remaining sub-counties already do not match with the subdivision of the new 47 counties into electoral-only "wards" (based on resident population, to determine the number of elected seats for each county in the National Senate.
Nairobi sub-counties