The Summit is the apex body for intergovernmental relations as established in the Intergovernmental Relations Act of 2012 (Art. 7). The Constitution of Kenya establishes the two level of government the National and County as “distinct and inter-dependent” and states that they should engage with each other on the basis of consultation and cooperation. The Summits provides the apex forum for
- consultation and co-operation between the national and county governments;
- promotion of national values and principles of governance;
- promotion of national cohesion and unity among other functions (Art. 8).
It comprises the President, who chairs, and the Council of Governors comprising the Governors of the 47 counties, with the Chair of the Council as the vice chair of the Summit. The Summit aims to coordinate and harmonise national and county policy and its implementation, and foster matters of national interest. It should meet at least twice every year to consider reports from other intergovernmental forums and bodies, monitor the implementation of national and county development plans and evaluate performance and recommend actions. The Inter-governmental Relations Technical Committee is responsible for the day-to-day administration of the Summit (Art. 12) and implement the decision of the Summit. The Summit should submit an annual report to the National Assembly, the Senate and the county assemblies, within three months after the end of every financial year.
The Inter-governmental Budget and Economic Council (IBEC) is established under the Public Finance Management Act (2012) (Art. 187) as a forum for consultation and cooperation between the national government and county governments on matters related to:
- recommendations on the equitable distribution of revenue between the national and county governments and amongst the county governments;
- budget, borrowing and debt management;
- budgeting, the economy and financial management; and integrated development at the national and county level.
- any proposed legislation or policy which has a financial implication for the counties, or for any specific county or counties
- among others
The Council comprises the Deputy President as the Chair; the National Treasury Cabinet Secretary, representatives of the Parliamentary Service Commission, the Judicial Service Commission; Chair of Commission on Revenue Allocation, Chair Council of County Governors, every County Executive Committee member for finance and the Cabinet Secretary responsible for intergovernmental relations. The members are appointed to serve for a period of two year (renewable for not more than two years), however a member ceases to be a member if they cease to hold office by virtue of which he or she became a member to the Council. The National Treasury provides secretariat services to the Council and it meets at least twice a year.
The Inter-Governmental Relations Technical Committee (IGRTC) is established by the Intergovernmental Relations Act 2012 (Article 11) as part of the framework for consultation and co-operation between the National and County Governments and amongst county governments. It is charged with the responsibility of the day to day administration of the National and County Government Coordinating Summit, to facilitate the activities and implement decision of the Council of Governors and the Summit and other functions assigned to it by the Summit (Article 12).
The Committee comprises of a Chair and eight members competitively recruited and appointed by the Summit, and the Principal Secretary of the State Department responsible for matters relating to devolution.
The Committee took over the residual functions of the Transition Authority, among which include the unbundling, costing and transfer of devolved functions and finalising the transfer of assets and liabilities, among others. To perform its functions, IGRTC is mandated to establish sectoral working groups and committees for effective intergovernmental relations, these include inter-county and intergovernmental forums.
For more information on the IGRTC visit: https://igrtc.go.ke/
Report on emerging Issues on devolution and best practices in intergovernmental relations. 2016. IGTRC
The Commission on Revenue Allocation (CRA) is an independent Commission set up under Constitution of Kenya (COK) 2010 (Article 215). Its core mandate is to recommend the basis for equitable sharing of revenues raised nationally between the national and the county governments, and among the county governments ensuring that each level of government has equitable resources to perform its constitutionally assigned functions. Every five years the CRA prepares and recommends the revenue sharing formula as the basis for allocating the share among the counties for Parliament’s approval. In making its recommendations, the CRA takes into account the criteria listed in the Constitution (Article 203(1)). It submits the recommendations to the Senate, the National Assembly, the County Assembly, the National Executive and the County Executives (PFMA (2012) (Article 190). According to Article 190, every year at least six months before the end of the financial year (or other date agreed upon), the Commission, submits to the Senate, the National Assembly, the County Assembly, the National Executive and the County Executives, recommendations for the following financial year regarding:
- an equitable division of revenue raised nationally, among the national and county levels of government; and
- the determination of each county’s equitable share in the county share of that revenue
The CRA is responsible to review and publish the policy that sets out criteria for identifying marginalised areas for the purposes of the Equalisation Fund as per COK 2010 (Article 204(2)). The Equalisation Fund is 0.5% (one half percent) of all the revenue collected by the national government each year calculated on the basis of the most recent audited accounts of revenue received, as approved by the National Assembly. It is used by the National Government to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services in those areas to the level generally enjoyed by the rest of the nation, so far as possible. CRA also makes recommendations on financing and financial management of County Governments including on revenue enhancement and encourages fiscal responsibility.
For more information on the CRA visit: https://www.crakenya.org
Recommendations for the basis for equitable sharing of revenue raised nationally between the national and the county governments, and among the county governments (Vertical recommendations)
Recommendations for basis for equitable sharing of revenue raised nationally among county governments (Horizontal recommendations)
The Office of Controller of Budget (OCOB) is an independent office established under the Constitution (Article 228). The Controller of Budget is nominated and appointed by the President with approved from the National Assembly, and serves for a single eight-year term. The Controller of Budget oversees and monitors budget implementation of County and National Government. The OCOB is responsible to authorise the release of public funds to the County and National Government. Every quarter, the OCOB prepares, publishes and makes public quarterly budget implementation reports; and investigates concerns and complaints raised by the public concerning budget implementation. The OCOB mediates and arbitrates conflicts between National and County Governments and advises Parliament on issues related to the transfer and use of public funds. It also investigates concerns on its own initiative and/or on complaints by the public. There are OCOB County Coordinators based in each of the 47 counties. Contact details can be found on the OCOB site.
Learn more about the OCOB: http://www.cob.go.ke
The Office of the Auditor General
The Office of the Auditor General (OAG) is an independent body promoting good governance and accountability in the management of public resources established by the Consitution (Article 229). The Auditor General is nominated and appointed by the President with approved from the National Assembly, and serves for a single eight-year term. The OAG is responsible for auditing and reporting on the management of public resources. It audits and reports on the accounts of the National and County Governments, funds and authorities, constitutional commissions and independent Offices, the judiciary, parliament and political parties and any entity as required by law. Within six months of the end of the financial year, the Auditor General audits and submits the audit reports to Parliament or the relevant County Assembly for each county and publishes them for public access. Within three months after receiving an audit report, Parliament or the County Assembly should debate and consider the report and take appropriate action.
Learn more about the OAG: http://oagkenya.go.ke
The Kenya Law Reform Commission (KLRC) is established by the Kenya Law Reform Commission Act, No. 19 of 2013. It is mandated to develop new and keep under review existing law and recommend reform to ensure relevance and alignment with the Constitution of Kenya; and respects and observes obligations in international treaties that form part of the law of Kenya. The Commission provides advice, technical assistance and information to the National and County Governments with regard to the development, reform or amendment of any branch of law. It undertakes research and comparative studies relating to law reform, as well as related legislative impact assessments. KLRC is responsible to keep the public informed of reviews and updates of all laws passed and reviewed by Parliament.
Learn more about KLRC: http://www.klrc.go.ke
Relevant Reference Material to County Governance (on KLRC website):
A guide to legislative process in Kenya. KLRC. 2015
Report on the audit of national and county legislation and policy. KLRC, COG. November 2018 (link to KLRC website)
Report on the audit of national and county policy and legislation in agriculture sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation in health sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation in the trade and investment sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation in the land and physical planning sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation in the urban development sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation in the natural resource management sector. 2018. Kenya Law Reform Commission, Council and Governors.
Report on the audit of national and county policy and legislation on public finance management. 2018. Kenya Law Reform Commission, Council and Governors.
A summary of the county model laws. Popular version. Kenya Law Reform Commission
The Commission on Administrative Justice (CAJ), commonly referred to as the Office of the Ombudsman, is a constitutional commission established under Article 59(4) of the Constitution, and the Commission on Administrative Justice Act, 2011. The Commissions core mandates are to investigate maladministration in the public sector and report to the National Assembly bi-annually on complaints and remedial actions taken; and to oversee and enforce the implementation of the Access to Information Act, 2016. It is empowered to, among other things, investigate complaints of performance, service failure, delay, inaction, inefficiency, ineptitude, abuse of power, unfair treatment, manifest injustice or discourtesy within the public service.
CAJ provides advisory opinions and recommendations and builds capacity of public entities, national and county governments on effective methods of handling complaints and on implementation of the access to information act. Its mandate covers both national and county government entities.
Learn more about the CAJ: https://www.ombudsman.go.ke