National Government Co-ordination Act

Section 1. Short title Section This Act may be cited as the National Government Co-ordination Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions; "Chief Administrative Secretary" means a Chief Administrative Secretary appointed under section 12A ; "county" means any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution; "national government administrative officer" means an officer recruited and appointed as such under section 15 ; "national government function" means a function assigned by the Constitution, this Act or any other law to the executive arm of government; "Principal Secretary" means a Principal Secretary appointed under Article 155 of the Constitution. Section 2(2) Spent [Act No. 4 of 2024 , Sch.]

Section 3. Object of the Act Section facilitate the exercise of executive authority pursuant to Articles 131(1)(b) and 132(3)(b) and (c) of the Constitution;

Section 4. Guiding principles Section In fulfilling its mandate, the national government shall act in accordance with the national values and principles of the Constitution in particular, those set out in Articles 10, 189, 201(d) and 232.

Section 5. Accessibility of national government service Section The national government shall ensure reasonable access to its services in all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the service pursuant to Article 6(3) of the Constitution.

Section 6. Powers of the President and Governor remain unaffected Section limit the powers of the President under Articles 131(1)(b) and 132(3)(b) and (4)(a) of the Constitution;

Section 7. Powers of the President in co-ordination of national government functions Section 7(1)(a) assign, through the respective Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") the responsibility of discharging any function of the national executive to any person in accordance with the Constitution, this Act or any other written law; and Section 7(1)(b) require a person, to whom responsibility is assigned under paragraph (a) to prepare and submit a report on any matter. Section 7(2)(a) the Office of the President; Section 7(2)(b) the Cabinet; Section 7(2)(ba) the Head of the Public Service; Section 7(2)(c) the Cabinet office; Section 7(2)(ca) Chief Administrative Secretary ("a Chief Administrative Secretary appointed under;") ; and Section 7(2)(d) the co-ordination committees as may be necessary.

Section 8. The Executive Office of the President Section 8(1) Pursuant to Article 132(3)(b) of the Constitution, the President shall be responsible for the co-ordination of functions of Ministries, State and government departments. Section 8(2) For purposes of co-ordination of national government functions under the Constitution, this Act or any other written law, the Office of the President shall have such number of National Government Administrative Officers as shall be necessary for the effective and efficient co-ordination of national government functions. Section 8(3) There is established the office of the Head of Public Service in the Executive Office of the President which shall be an office in the public service. Section 8(4) The President shall, on the recommendation of the Public Service Commission appoint the Head of the Public Service. Section 8(5) The Head of the Public Service shall serve at the pleasure of the President. Section 8(6)(a) support the President in facilitating the organization and execution of Government business; Section 8(6)(b) be the Chief of Staff to the President and the administrative head of the Executive Office of the President; and Section 8(6)...

Section 9. The Cabinet Section 9(1) Pursuant to Articles 153 of the Constitution, the Cabinet shall coordinate the functions of the national government at the national level. Section 9(2) The Cabinet Secretaries shall be accountable individually and collectively, to the President for the exercise of their powers and the performance of their functions. Section 9(3) A Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") shall be responsible for policy formulation and guidance and, where required, implementation of the policy in respect of the respective Ministry, State departments or agencies under him or her. Section 9(4) A Cabinet secretary shall be the link between the State department and the President or Parliament as the case may be.

Section 10. Individual and collective responsibility of the Cabinet Secretaries Section 10(1) Each Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") shall be responsible for the functions assigned to him or her by the President, the Constitution, this Act, or any other written law. Section 10(2) Collective responsibility of the Cabinet referred to under Article 153(2) of the Constitution means that all decisions of the Cabinet are binding on all Cabinet Secretaries.

Section 11. Cabinet office Section 11(1) The Cabinet office referred to under Article 154(3)(a) of the Constitution shall be headed by the Secretary to the Cabinet. Section 11(2) In the discharge of the functions of the Cabinet, the Cabinet office shall offer secretariat and support services to the Cabinet. Section 11(3) The Public Service Commission shall recruit and appoint such number of public officers as the Secretary to the Cabinet may require for the effective and efficient discharge of the functions of the office. Section 11(4) The Cabinet office shall perform such other functions as may be assigned to it by the President or the Cabinet.

Section 12. Principal Secretaries Section 12(1) Pursuant to Article 155(2) of the Constitution, each Principal Secretary ("a Principal Secretary appointed under Article 155 of the Constitution") shall be responsible for the administration of a State department. Section 12(2) Pursuant to Article 155(3) of the Constitution, the President may appoint such number of Principal Secretaries as may be necessary for the effective discharge of the national government functions.

Section 13. Powers of the President to establish Committees Section 13(1) The President shall establish such committees of Principal Secretaries and such other committees or mechanisms as may be necessary for the effective co-ordination of the national government functions under the Constitution, this Act or any other written law. Section 13(2) The President, through the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") , may decentralize, to the extent necessary the mechanisms or committees referred to under subsection (1) . Section 13(3) The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") may, with the approval of the President, make regulations to give effect to this section. Section 13(4) The President may assign such functions, as he or she considers necessary to the committees established under this section. Section 13(5) The committees established under this section shall have all the necessary powers for the proper performance of their functions under this Act or any other written law.

Section 14. Service delivery co-ordination units Section 14(1) The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") may, with the approval of the President and by a notice in the Gazette , establish national government service delivery co-ordination units. Section 14(1A) Despite sub-section (1) , all the constituencies established under Article 89 of the Constitution are hereby recognized and established as national government service delivery units. Section 14(2) In establishing the national government service delivery co-ordination units, the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") shall accord and respect the county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") government decentralised units established under section 48 of the County Governments Act ( Cap. 265 ). Section 14(3) Where a county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") governm...

Section 12A. Chief Administrative Secretaries Section 12A(1) There is established the office of the Chief Administrative Secretary ("a Chief Administrative Secretary appointed under;") which shall be an office in the public service. Section 12A(2) The complement of Chief Administrative Secretaries shall be as determined by the Public Service Commission. Section 12A(3) The President shall on the recommendation of the Public Service Commission appoint Chief Administrative Secretaries, observing regional and gender balance. Section 12A(4)(a) holds a degree from a university recognized in Kenya; Section 12A(4)(b) has knowledge of and experience in the public service; and Section 12A(4)(c) satisfies the requirements of Chapter Six of the Constitution. Section 12A(5)(a) has been convicted of an offence carrying a penalty of imprisonment for a term of at least six months without the option of a fine; Section 12A(5)(b) has been adjudged bankrupt by a court of competent jurisdiction; Section 12A(5)(c) holds any office in a political party; Section 12A(5)(d) is a public officer; or Section 12A(5)(e) has been removed from any public office by impeachment or conviction by a court of competent...

Section 15. Recruitment and appointment of the national government administrative officers Section 15(1) In accordance with the national government functions under the Constitution, this Act or any other written law, the Public Service Commission shall, in consultation with the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") , recruit and appoint national government administrative officers to coordinate national government functions and to perform such other functions as may be assigned to them under this Act or any other law. Section 15(2)(a) a county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") commissioner in respect of every county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") ; Section 15(2)(b) a deputy county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") commissioner in respect of every sub- county ("any one of the counties into which the territory...

Section 16. Powers of anational government administrative officer Section Subject to the Constitution, this Act or any other written law, a national government administrative officer ("an officer recruited and appointed as such under;") appointed under this Act shall have all the powers necessary for the proper performance of the functions under this Act or any other written law.

Section 17. Functions of national government administrative officers Section Subject to the Constitution, this Act or any other written law, a national government administrative officer ("an officer recruited and appointed as such under;") appointed under section 15 , shall be responsible for the co-ordination of national government functions as set out in the Constitution, this Act and any other written law at the county level and other decentralised units as far as may be necessary.

Section 18. Scheme of service for administrative officers Section The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") shall, on the recommendation of the Public Service Commission, prescribe a scheme of service for national government administrative officers.

Section 19. Constitution of mediation team Section 19(1) Where a dispute arises as to the mandate or powers of any of the officers, or roles of respective officers of the county ("any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;") governments and those of the national Government, a mediation team shall be constituted to deal with the dispute. Section 19(2) The mediation team constituted under subsection (1) shall consist of two eminent persons appointed by the Governor and two eminent persons appointed by the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") for the time being responsible for national government co-ordination. Section 19(3) The mediation team shall be guided by the constitutional principles and the respective constitutional mandates of each respective government. Section 19(4) The mediation team shall undertake and finalize its task within a period of fourteen days. Section 19(5) Should the mediation team fail to resolve the dispute within the stipulated time, the matter may be referred to the Summit under the...

Section 20. Savings and transfer of staff Section 20(1) Subject to this Act, a public officer who immediately before the commencement of this Act was serving as a chief, assistant chief or an administrative officer shall be deemed to be a national government administrative officer ("an officer recruited and appointed as such under;") appointed under this Act. Section 20(2) Subject to this Act, a person who immediately before the commencement of this Act was serving as an employee of the system of government known as provincial administration shall be redeployed in the public service.

Section 21. Transfer of assetsetc. Section All property, assets, rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of the system of administration commonly known as the provincial administration, shall upon the commencement of this Act, vest in the national government to the same extent as they were enforceable by or against the system of administration commonly known as provincial administration before the commencement of the Act.

Section 22. Protection from personal liability Section Nothing done by a public officer appointed under this Act shall, if done in good faith for the purpose of executing the functions of the office, render such officer personally liable for any action, claim or demand.

Section 23. Regulations Section The Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;") may with the approval of the President, make regulations for the better carrying into effect of the purposes of this Act.