Intergovernmental Relations Act

Section 1. Short title Section This Act may be cited as the Intergovernmental Relations Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to intergovernmental relations; "competencies" means powers given to a public authority in respect of a specific activity, which is key to ensuring the provision of a public service and includes powers of planning, regulating, setting standards, constructing, financing, managing, monitoring and evaluating, sanctioning or intervening in any way to ensure that a function is discharged; "Council" means the Council of County Governors established under section 19 ; "level of government" means the national and county level of government; "Secretariat" means the Intergovernmental Relations Secretariat established under section 15 ; "Summit" means the National and County Government Co-ordinating Summit established under section 7 ; "Technical Committee" means the Intergovernmental Relations Technical Committee established under section 11 .

Section 3. Objects and purposes of the Act Section provide a framework for consultation and co-operation between the national and county governments;

Section 4. Principles of intergovernmental relations Section recognition of the sovereignty of the people as provided for under Article 1 of the Constitution;

Section 5. Objects of intergovernmental structures Section facilitating the realization of the objects and principles of devolution provided for under Articles 174 and 175 of the Constitution;

Section 6. Application of the principles and objects of the Act Section the national and county governments;

Section 7. Establishment of the National and County Government Co-ordinating Summit Section 7(1) There is established a National and County Government Co-ordinating Summit which shall be the apex body for intergovernmental relations. Section 7(2)(a) the President or in the absence of the President, the Deputy President, who shall be the Chairperson; and Section 7(2)(b) the governors of the forty-seven counties. Section 7(3) The Chairperson of the Council elected under section 19 shall be the vice-Chairperson of the Summit.

Section 8. Functions of the Summit Section consultation and co-operation between the national and county governments;

Section 9. Meetings of the Summit Section meet at least twice a year; and

Section 10. Reports by the Summit Section 10(1) The Summit shall submit an annual report to the National Assembly, the Senate and the county assemblies, within three months after the end of every financial year. Section 10(2) The procedure and details of the report under subsection (1), shall be provided by Regulations. Section 10(3) The National Assembly, the Senate or the county assemblies shall, upon receiving the annual report under subsection (1), make such recommendations to the Summit as they may consider necessary. Section 10(4) Despite subsection (1), the National Assembly, the Senate or the county assemblies may, at any time, request information from the Summit on any matter.

Section 11. Establishment of the Intergovernmental Relations Technical Committee Section 11(1) There is established an Intergovernmental Relations Technical Committee. Section 11(2)(a) a Chairperson competitively recruited and appointed by the Summit; Section 11(2)(b) not more than eight members who shall be competitively recruited and appointed by the Summit; and Section 11(2)(c) the Principal Secretary of the State department for the time being responsible for matters relating to devolution. Section 11(3) The Technical Committee shall be appointed on such terms and conditions as the Summit may determine. Section 11(4)(a) holds a masters degree from a university recognized in Kenya; Section 11(4)(b) has a distinguished career in senior management position in either private or public sector; Section 11(4)(c) holds at least fifteen years’ post qualification professional experience; and Section 11(4)(d) satisfies the requirements of Chapter Six of the Constitution. Section 11(5)(a) holds a degree from a university recognized in Kenya; Section 11(5)(b) has a distinguished career in their respective field; Section 11(5)(c) has at least ten years’ post qualification professional experie...

Section 12. Functions of the Technical Committee Section facilitate the activities of the Summit and of the Council; and

Section 13. Sectoral working groups or committees Section 13(1) The Technical Committee may establish sectoral working groups or committees for the better carrying out of its functions. Section 13(2) Nothing in this section may be construed as precluding a Cabinet Secretary from convening consultative fora on sectoral issues of common interest to the national and county governments.

Section 14. Reports by the Technical Committee etc. Section submit quarterly reports to the Summit and to the Council; and

Section 15. Establishment of the Intergovernmental Relations Secretariat Section 15(1) There shall be a Secretariat of the Technical Committee which shall be headed by a Secretary. Section 15(2) The secretary shall be competitively recruited and appointed by the Technical Committee, with the approval of the Summit. Section 15(3)(a) holds a degree from a university recognised in Kenya; Section 15(3)(b) has at least five years relevant professional experience; Section 15(3)(c) has demonstrable competence in administration of not less than five years; and Section 15(3)(d) satisfies the requirements of leadership and integrity provided under Chapter Six of the Constitution. Section 15(4)(a) the chief executive and accounting officer of the Secretariat; and Section 15(4)(b) responsible to the Technical Committee for the day to day administration of the affairs of the Secretariat and implementation of the decisions arising from the intergovernmental relations structures established under this Act. Section 15(5)(a) the implementation of decisions of the Summit, the Council and the Technical Committee; Section 15(5)(b) the establishment and development of an efficient administration of the...

Section 16. Removal from office of the Secretary Section inability to perform the functions of the office arising out of physical or mental incapacity;

Section 17. Staff of the Summit and Technical Committee Section The Technical Committee may employ officers and staff as are necessary for the proper discharge of the functions of the Technical Committee, the Council and the Summit under this Act.

Section 18. Remuneration of staff

Section 19. Establishment of Council of County Governors Section 19(1) There is established a Council of County Governors which shall consist of the governors of the forty-seven counties. Section 19(2) The Council shall elect a Chairperson and a vice-Chairperson from amongst its members. Section 19(3) The Chairperson and vice-Chairperson of the Council shall serve for a term of one year and shall be eligible for re-election for one further term of one year.

Section 20. Functions of the Council Section 20(1)(a) consultation amongst county governments; Section 20(1)(b) sharing of information on the performance of the counties in the execution of their functions with the objective of learning and promotion of best practice and where necessary, initiating preventive or corrective action; Section 20(1)(c) considering matters of common interest to county governments; Section 20(1)(d) dispute resolution between counties within the framework provided under this Act; Section 20(1)(e) facilitating capacity building for governors; Section 20(1)(f) receiving reports and monitoring the implementation of inter-county agreements on inter-county projects; Section 20(1)(g) consideration of matters referred to the Council by a member of the public; Section 20(1)(h) consideration of reports from other intergovernmental forums on matters affecting national and county interests or relating to the performance of counties; and Section 20(1)(i) performing any other function as may be conferred on it by this Act or any other legislation or that it may consider necessary or appropriate. Section 20(2) The Council shall have powers to establish other intergovern...

Section 21. Meetings of the Council Section 21(1) The Council shall meet at least twice a year. Section 21(2) The meetings of the Council shall be as provided in the Schedule.

Section 22. Reports by the Council Section 22(1) The Council shall submit an annual report to the Summit, the Senate and the National Assembly. Section 22(2) The report under subsection (1) shall be transmitted to the county assemblies within three months after the end of every financial year.

Section 23. Joint committees Section the objects and principles of devolution provided in Articles 174 and 175 of the Constitution; and

Section 24. Transfer and delegation of powers, functions and competencies Section transfer its powers, functions or competencies to the other level of government; or

Section 25. Principles of transfer or delegation of powers, functions and competencies Section ensure the assignment is to the level of government best placed to exercise or perform the power, function or competency in accordance with Article 187 of the Constitution;

Section 26. Agreements on transfer or delegation of powers, functions or competencies Section 26(1) A transfer or delegation of powers, functions or competencies under this Part shall be by a written agreement. Section 26(2)(a) the function, power or competency transferred or delegated; Section 26(2)(b) the specific legal provisions supporting the transfer or delegation; Section 26(2)(c) the reasons for the transfer or delegation; Section 26(2)(d) the performance standards and frameworks in respect of the transfer or delegation; Section 26(2)(e) the resourcing framework for delivery of the powers, function or competency transferred or delegated; Section 26(2)(f) the capacity of the receiving entity to exercise or perform the powers, function, or competency transferred or delegated; Section 26(2)(g) the capacity building framework for enhancing any deficits identified in the entity to which the transfer or delegation has been effected; Section 26(2)(h) the method of resolving any dispute that may arise under the agreement; and Section 26(2)(i) the terms and conditions for the exercise or performance of the power, function or competency including the time frame. Section 26(3)(a) sign...

Section 27. Service standards Section 27(1) For each power, function or competency, there shall be minimum service standards or norms of performance provided under relevant laws. Section 27(2) Any transfer or delegation of powers, functions or competencies shall be accompanied by adequate resources to ensure minimum service standards are achieved.

Section 28. Criteria for transferring powers, functions or competencies Section the capacity of the entity to which the power function or competency is being transferred or delegated;

Section 29. Public participation Section The framework for public participation in the transfer or delegation of powers, functions or competencies by either level of government under this Part shall be provided by Regulations.

Section 30. Application of this Part Section 30(1) In this Part, unless the context otherwise requires, "dispute" means an intergovernmental dispute. Section 30(2)(a) between the national government and a county government; or Section 30(2)(b) amongst county governments.

Section 31. Measures for dispute resolution Section resolve disputes amicably; and

Section 32. Dispute resolution mechanisms Section 32(1)(a) include a dispute resolution mechanism that is appropriate to the nature of the agreement; and Section 32(1)(b) provide for an alternative dispute resolution mechanism with judicial proceedings as the last resort. Section 32(2) Where an agreement does not provide for a dispute resolution mechanism or provides for one that does not accord with subsection (1), any dispute arising shall be dealt with within the framework provided under this Part.

Section 33. Formal declaration of a dispute Section 33(1) Before formally declaring the existence of a dispute, parties to a dispute shall, in good faith, make every reasonable effort and take all necessary steps to amicably resolve the matter by initiating direct negotiations with each other or through an intermediary. Section 33(2) Where the negotiations under subsection (1) fail, a party to the dispute may formally declare a dispute by referring the matter to the Summit, the Council or any other intergovernmental structure established under this Act, as may be appropriate.

Section 34. Procedure after formal declaration of a dispute Section 34(1)(a) the precise issues in dispute; and Section 34(1)(a)(i) the precise issues in dispute; and Section 34(1)(a)(ii) any material issues which are not in dispute; and Section 34(1)(b) identify the mechanisms or procedures, other than judicial proceedings, that are available to the parties to assist in settling the dispute, including a mechanism or procedure provided for in this Act, other legislation or in an agreement, if any, between the parties; or Section 34(1)(b)(i) identify the mechanisms or procedures, other than judicial proceedings, that are available to the parties to assist in settling the dispute, including a mechanism or procedure provided for in this Act, other legislation or in an agreement, if any, between the parties; or Section 34(1)(b)(ii) subject to Article 189 of the Constitution, agree on an appropriate mechanism or procedure for resolving the dispute, including mediation or arbitration, as contemplated by Articles 159 and 189 of the Constitution. Section 34(2) Where a mechanism or procedure is specifically provided for in legislation or in an agreement between the parties, the parties shal...

Section 35. Judicial proceedings Section Where all efforts of resolving a dispute under this Act fail, a party to the dispute may submit the matter for arbitration or institute judicial proceedings.

Section 36. Offence Section 36(1)(a) fails, without justifiable cause, to attend a meeting for settling a dispute when required to; Section 36(1)(b) refuses to produce any article or document when lawfully required to do so; Section 36(1)(c) knowingly gives false evidence or information; or Section 36(1)(d) interrupts any proceedings of the meeting. Section 36(2) A person who commits an offence under subsection (1) is liable, upon conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment not exceeding six months, or to both.

Section 37. Operational expenses Section the Summit;

Section 38. Regulations Section 38(1) The Cabinet Secretary may, in consultation with the Summit, make regulations for the better carrying out of the provisions of this Act. Section 38(2)(a) the transfer or delegation of functions to either level of government; Section 38(2)(b) public participation under this Act; Section 38(2)(c) dispute resolution mechanisms under this Act; Section 38(2)(d) appointing the members of the Technical Committee under section 11; and Section 38(2)(e) constituting intergovernmental forums. Section 38(3) The Cabinet Secretary shall cause a draft of the regulations under subsection (1) to be laid before the Senate for approval before publication in the Kenya Gazette .