The Kenya County Governments Devolved Structure
Figure: The Kenya Comprehensive Devolved Government Organization Structure based on Institutions
The quest for a devolved system of governance in Kenya popularly referred to, as ‘ugatuzi’ has been a longstanding one. The promulgation of the Constitution of Kenya 2010 (CoK 2010) on 27 August 2010 paved way for realization of the “dream” system of governance.Chapter Eleven (CAP 11) of CoK 2010 – Devolved Government specifically provides for the setting up of the County Governments .
Chapter spells out the various principles of devolved government that includes democratic ideals and the separation of powers. County governments will be facilitated reliable sources of revenue to enable them govern and deliver services effectively and that no more than two-thirds of the members of representative bodies in each county government shall be of the same gender.
Despite these bold provisions, most Kenyans and other learners are still struggling to understand what “Ugatuzi wa mamlaka” really means. The objective of this article is to overcome that challenge in the knowledge gap.
1.0.1 Approaches to organizing the governance and management of state power
A constitution is the supreme law of the land that organizes and manages governance and state power. It defines, distributes and constrains the use of state power and provides a power map for the construction of the society and the running the affairs of state. There are two approaches to the organization of governance and management of state power that is:
ii. multi-dimensional approach
The single-dimensional approach which follows a one-way horizontal dimension in its organization and management of governance and state power. It produces a centralized system and structure of government and is based on concentration of power. The multi-dimensional approach which organizes and manages governance as well as state power along multiple lines. It defines, distributes and constrains the use of state power along multiple lines. It combines vertical, horizontal, lateral dimensions and forms the foundation of devolved systems and structures of government. It is founded upon the concept of decentralization and devolution of power. According to Article 10(2)(a) of theCoK 2010, devolution and sharing of power were identified as values and principles that would guide Kenya Governance system. This meant that Kenyan majority voters of 67% in the Referendum of 2010 approved the multi-dimensional approach.
1.0.2 What is Devolution and How is it Different From Decentralization?
Devolution is actually a form of decentralization. Decentralization is about transferring of selected functions from a central authority to the lowest feasible structure. Devolution entails the ceding (legal act giving) of power from a Central Authority to Local Authority, the state powers of revenue collection and expenditure among others. In Kenyan case the current Centralized System Government headquartered in the Capital City of Nairobi will transfer power to the 47 Counties listed on the First Schedule of CoK 2010. Each of these Counties will form the County Governments comprising of the County Assemblies and County Executives with State powers of legislature – law making and Executive – Implementing the Laws and Policies respectively.
Decentralization is not new concept in Kenya. It has been taking place from the time Kenya gained independence from the British in 1963. Although with power being centered on the national government as opposed to other decentralized units, and with no real opportunities for citizen’s participation. The Late First President Jomo Kenya and his successor Retired President Daniel Arap Moi through ruling political Party of Kenya National African Union (KANU) Government initiated programmes such as the District Focus for Rural Development and Local Authorities. Their actions did little to promote decentralization as the national government was controlling all budget resources. Similar governance systems have been perpetuated by both the Coalition Governments of former President Mwai Kibaki namely: National Rainbow Coalition (NARC) after peaceful General Election of 2002 that dislodged KANU from power after 40 years reign. Party of National Unity (PNU) and Orange Democratic Movement (ODM) Coalition with two Principals President Kibaki and former Prime Minister Raila Odinga mediated by Kofi Annan, the former Secretary – General of United Nations after the disputed Presidential General Election of 2007.
Back to Chapter Eleven – Devolved Government. It provides for the development of legislative frameworks that will guide State Organs of Kenya transition to the devolved system.To guide this process, the former Deputy Prime Minister and Minister for Local Government through Gazette Notice 12876 of October 2010 appointed Task Force on Devolved Government (TFDG) chaired by Professor Mutakha Kangu. TFDG after one year accomplished its mandate published in September 2011 “Volume I: Report on Implementation of Devolved Government in Kenya”. TFDG adviced the Kenya Government on various policies, legislative and administrative measures that must be implemented for effective operationalization of devolved government as envisaged CoK 2010. TFDG recommended legal frameworks for devolving power for effective local development.
The TFDG drafted Bills that have been enacted by 10th Parliament namely: the Urban Areas and Cities Act 2011 – this will repeal Local Government Act Chapter 265 and transferred the control of Cities and Municipalities to County Governments, the Intergovernmental Relations Act 2012 and Transition to County Governments Act 2012 and County Government Act 2012.
184.108.40.206 Building Blocks for Cooperation and Competition among Counties in Kenya
Figure: Building Blocks for Cooperation and Competition among Counties in Kenya
220.127.116.11 Concept of Devolved Government and Decentralization: 47 Counties Of Kenya
Figure: Boundaries Map of the 47 County Governments of Kenya
18.104.22.168 The Kenya County Governments Devolved Structure
A. COUNTY ASSEMBLY
Figure: County Governments Organization Structure based on State Officers – Legislature
The Transitional Regime
The Railas, Kalonzos, Musalias and rest of their generations had a fascinating glimpse into life in Kenya under the new constitutional dispensation. Akin to the Biblical Moses with children of Israelites, Kenyans arrived safely. These distinguished citizens performed their job satisfactorily and accomplished the mission.
Kenyans will always honour them for heroically struggling to bring freedom and justice to our land. However they should forget the dreams about the Statehouse of Kenya. This case has no appeal! These are my views as a student of History and I am not holding brief for somebody.
To ensure the effective implementation of the Constitution of Kenya 2010 (CoK 2010) the Commission for Implementation of the Constitution was established as an independent Commission under 6th Schedule of CoK 2010; and also other Institutions.
The Pioneer Ruling Class
President H.E. Uhuru Kenyatta is the fourth and current president of Kenya. He was inaugurated on 9th April 2013 after the 2013 General Election together with his running-mate, now The Deputy President Hon. William Samoei Arap Ruto. President Uhuru Kenyatta is first President of the Devolved Government System with 1 (one) National Government and 47 (Forty Seven) County Governments that became operational in Kenya.
Karl Marx wrote that “history repeats itself, first as tragedy, second as farce.” The author of this article hopes this doesn’t go the way of Prophet Samuel and the Israelites in Canaan. We love our digital leaders.
CoK 2010 implementation running at full throttle we have more institutions with clear mandate to ensure success of Devolution. For instance The Senate, Commission for Revenue Allocation (CRA) others have been anchored in already existing frameworks. In addition some have been transformed to comply with new dispensation these are: The National Treasury collaborating with the Independent Commissions and Auditor General (AG), Budget Controller to name a few.
Below is table of the County Governments in Kenya. We have analyzed by Name, Province where it is located , Name of the Governor and the Deputy Governor, Political Party ticket to which the Governor was elected, Area in Km2, Population Census 2009 and Headquarters.
|County||Province||Governor||Deputy Governor||Political Party||Area (km2)||Population
|Mombasa||Coast||Hassan Ali Joho||Hazel Ezabel Nyamoki Ogunde||ODM||212.5||939,370||Mombasa (City)|
|Kwale||Salim Mvurya||Fatuma Mohamed Achani||ODM||8,270.3||649,931||Kwale|
|Kilifi||Amason Kingi||Kenneth Mwakombo Kamto||ODM||12,245.9||1,109,735||Kilifi|
|Tana River||Tuneya Dado||Jire Siyat Mohamed||WDM-K||35,375.8||240,075||Hola|
|Lamu||Issa Timamy||Erick Kinyua Mugo||UDF||6,497.7||101,539||Lamu|
|Taita-Taveta||John Mtuta Mruttu||Mary Ndiga Kibuka||ODM||17,083.9||284,657||Voi|
|Garissa||North Eastern||Nathif Jama Adan||Abdullahi Hussein Ali||WDM-K||45,720.2||623,060||Garissa|
|Wajir||Ahmed Abdullahi Mohamad||Abdulhafid Abdullahi Yarow||ODM||55,840.6||661,941||Wajir|
|Mandera||Ibrahim Roba Ali||Omar Mohamed Maalim||URP||25,797.7||1,025,756||Mandera|
|Marsabit||Eastern||Ukur Yattani||Omar Abdi Ali||ODM||66,923.1||291,166||Marsabit|
|Isiolo||Godana Doyo||Mohamed Gulleid Abdille||URP||25,336.1||143,294||Isiolo|
|Meru||Peter Munya||Raphael Muriungi||APK||6,930.1||1,356,301||Meru|
|Tharaka-Nithi||Samuel Mbae Ragwa||Eliud Mate Muriithi||TNA||2,409.5||365,330||Chuka|
|Embu||Martin Nyagah Wambora||Dorothy Nditi Muchungu||TNA||2,555.9||516,212||Embu|
|Kitui||Julius Malombe||Malonza Peninah||WDM-K||24,385.1||1,012,709||Kitui|
|Machakos||Alfred Mutua||Benard Muia Tom Kiala||WDM-K||5,952.9||1,098,584||Machakos|
|Makueni||Kivutha Kibwana||Adelina Ndeto Mwau||MP||8,008.9||884,527||Wote|
|Nyandarua||Central||Daniel Waithaka Mwangi||Waithaka Mwangi Kirika||TNA||3,107.7||596,268||Ol Kalou|
|Nyeri||Wamathai Samwel Githaiga||Wamathai Samwel Githaiga||GNU||2,361.0||693,558||Nyeri|
|Kirinyaga||Joseph Kathuri Ndathi||Julius Muthike Njiri||TNA||1,205.4||528,054||Kerugoya / Kutus|
|Murang’a||Mwangi wa Iria||Augustine J Gakure Monyo||TNA||2,325.8||942,581||Murang’a|
|Kiambu||William Kabogo||Gerald Gakuha Githinji||TNA||2,449.2||1,623,282||Thika|
|Turkana||Rift Valley||Josphat Nanok||Peter Ekai Lokoel||ODM||71,597.8||855,399||Lodwar|
|West Pokot||Simon Kachapin Kitalei||Titus Lotee||KANU||8,418.2||512,690||Kapenguria|
|Samburu||Moses Lenolkula Kasaine||Joseph Lemarkat||URP||20,182.5||223,947||Maralal|
|Trans Nzoia||Patrick Khaemba||Stanley Kiptoo Kenei Tarus||FORD-KENYA||2,469.9||818,757||Kitale|
|Uasin Gishu||Jackson Kiplagat Mandago||Daniel Kiplagat Kiprotich||URP||2,955.3||894,179||Eldoret|
|Elgeyo-Marakwet||Alex Tanui Tolgos||Gabriel Lagat Kosgey||URP||3,049.7||369,998||Iten|
|Nandi||Lagat Cleophas||Dominic Kimutai Biwott||URP||2,884.5||752,965||Kapsabet|
|Baringo||Benjamin Cheboi Chesire||Mathew Kipyator Tuitoek||URP||11,075.3||555,561||Kabarnet|
|Laikipia||Joshua Irungu||Josphat Gitonga Kabugi||TNA||8,696.1||399,227||Rumuruti|
|Nakuru||Kinuthia Mbugua||Joseph Kibore Rutto||TNA||7,509.5||1,603,325||Nakuru|
|Narok||Samuel Kuntai Ole Tunai||Aruasa Evalyn Chepkirui||URP||17,921.2||850,920||Narok|
|Kajiado||David ole Nkedianye||Paul Mpute Ntiati||ODM||21,292.7||687,312||Kajiado|
|Kericho||Prof. Paul Chepkwony Kiprono||Susan Chepkoech Kikwai||URP||2,454.5||752,396||Kericho|
|Bomet||Isaac Ruto||Stephen Kipkoech Mutai||URP||1,997.9||730,129||Bomet|
|Kakamega||Western||Wycliffe Oparanya||Philip Museve Kutima||ODM||3,033.8||1,660,651||Kakamega|
|Vihiga||Moses Akaranga||Caleb Temba Amaswache||PPK||531.3||554,622||Vihiga|
|Bungoma||Ken Lusaka||Hillary Moywo Chongwony||NFK||2,206.9||1,375,063||Bungoma|
|Busia||Sospeter Ojaamong||Kizito Osore Wangalwa||ODM||1,628.4||743,946||Busia|
|Siaya||Nyanza||Cornel Rasanga||Wilson Ouma Onyango||ODM||2,496.1||842,304||Siaya|
|Kisumu||Jack Ranguma||Ruth Adhiambo Odinga Busia||ODM||2,009.5||968,909||Kisumu|
|Homa Bay||Cyprian Awiti||Hamiliton Onyango Orata||ODM||3,154.7||963,794||Homa Bay|
|Migori||John Obado||Nelson Mahanga Mwita||PDP||2,586.4||917,170||Migori|
|Kisii||James Ongwae||Arthur Maangi Gongera||ODM||1,317.9||1,152,282||Kisii|
|Nyamira||John Nyagarama Obiero||Amos Kimwomi Nyaribo||ODM||912.5||598,252||Nyamira|
|Nairobi||Nairobi||Evans Kidero||J. Mwangangi Mueke||ODM||694.9||3,138,369||Nairobi (City)|
a) To promote democratic and accountable exercise of power.
b) To foster national unity by recognising diversity.
c) To give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.
d) To recognize the right of communities to manage their own affairs and to further their development.
e) To protect and promote the interests and rights of minorities and marginalized communities.
f) To promote social and economic development and the provision of appropriate, easily accessible services throughout Kenya.
g) To ensure equitable sharing of national and local resources throughout Kenya.
h) To facilitate the decentralization of State organs, their functions and services, from the Capital City of Kenya.
i) To enhance checks and balances and the separation of powers.
1.1 The County Assembly Service Board
A County Assembly Service Board will be establishedfor each county assembly. It shall be a body corporate with perpetual succession and a common seal.
The county assembly service board shall consist of:
(a) the Speaker of the county assembly as the Chairperson.
(b) the leader of the majority party or a member of the county assembly deputed by him or her, as the vicechairperson.
(c) the leader of the minority party or a member of the county assembly deputed by him or her.
(d) one person resident in the county, appointed by the county assembly from among persons who have knowledge and experience in public affairs, but who is not a member of the county assembly.
(e) The County Assembly Clerk shall be the secretary to the county assembly service board.
1.1.1 The Clerk of the County Assembly
There shall be a clerk of the county assembly appointed by the county assembly service board with the approval of the county assembly.
1.1.2 Qualifications for the Clerk of County Assembly Post
(a) is a citizen of Kenya.
(b) holds a degree from a university recognised in Kenya or its equivalent.
(c) has had at least five years relevant professional experience.
(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution.
1.1.3 Number and delimitation of electoral Wards
There shall be not more than one thousand four hundred and fifty (2,450) electoral Wards for purposes of the election of county assembly members.
For purposes of the first general elections under the Constitution, the Independent Electoral and Boundaries Commission shall ensure that each county comprises at least fifteen (15) Wards. IEBC shall review the names and boundaries of Wards at intervals of not less than eight years and not more than twelve years.The review shall (a) ensure that no county shall comprise less than twenty-five (25) Wards and be completed at least twelve months before a general election of county assembly members.
B. COUNTY EXECUTIVE
2.0 County Executive
Figure: County Governments Organization Structure based on Officers
2.1 The County Governor
2.0.1 Functions and responsibilities of the County Governor
The county governor and the deputy county governor are the chief executive and deputy chief executive of the county respectively. In performing the functions the governor shall: i). provide leadership in the county’s governance and development. ii).provide leadership to the county executive committee and administration based on the county policies and plans. iii). Promote democracy, good governance, unity and cohesion within the county. iv). promote peace and order within the county. v). promote the competitiveness of the county. vi). be accountable for the management and use of the county resources. Vii). promote and facilitate citizen participation in the development of policies and plans, and delivery of services in the county.
(a) Diligently execute the functions and exercise the authority provided for in the Constitution and legislation.
(b) Perform such State functions within the county as the President may from time to time assign on the basis of mutual consultations.
(c) represent the county in national and international fora and events.
(d) appoint, with the approval of the county assembly, the county executive committee.
(e) constitute the county executive committee portfolio structure to respond to the functions and competencies assigned to and transferred to each county.
(f) submit the county plans and policies to the county assembly for approval.
(g) consider, approve and assent to bills passed by the county assembly.
(h) chair meetings of the county executive committee.
(i) by a decision notified in the county gazette, assign to every member of the county executive committee, responsibility to ensure the discharge of any function within the county and the provision of related services to the people.
(j) submit to the county assembly an annual report on the implementation status of the county policies and plans.
(k) deliver annual state of the county address containing such matters as may be specified in county legislation.
(l) sign and cause to be published in the county gazette, notice of all important formal decisions made by the governor or by the county executive committee.
2.0.2 Powers of the County Governor
The Governor has such powers as may be necessary for the execution of the duties of the office of governor which includes:
Dismiss a member of county executive committee at any time, if the governor considers that it is appropriate or necessary to do so. Or dismiss a member of county executive committee, if required to do so by a resolution of the county assembly.
Appoint an accounting officer for each department, entity or decentralized unit of the county government.
2.0.3 Functions of the Deputy Governor
Deputize for the governor in the execution of the governor’s functions.
Be assigned any other responsibility or portfolio as a member of the county executive committee.
In an acting Capacity as Governor or delegated authority by the Governor. The the Deputy Governor shall not exercise these powers vested in the Governor’s office of nominating, appointing and dismissing.
2.1.1 Appointment of County Executive Members
The Governor shall when nominating members of the executive committee:
(a) ensure that to the fullest extent possible, the composition of the executive committee reflects the community and cultural diversity of the county.
(b) take into account the principles of affirmative action as provided for in the Constitution.
The county assembly shall not approve nominations for appointment to the executive committee that do not take into account:
(a) not more than two thirds of either gender.
(b) representation of the minorities, marginalized groups and communities.
(c) community and cultural diversity within the county.
2.1.2 Qualifications for the Posts of County Executive Members
A person may be appointed as a member of the county executive committee if that person:
(a) is a Kenyan citizen.
(b) is a holder of at least a first degree from a university recognized in Kenya.
(c) satisfies the requirements of Chapter Six of the Constitution.
(d) has knowledge, experience and a distinguished career of not less than five years in the field relevant to the portfolio of the department to which the person is being appointed.
(e) A member of the county executive committee shall not hold any other State or public office.
2.2.1 Functions: General
In addition to the functions provided under Article 183 of the Constitution, a county executive committee shall:
(a) supervise the administration and delivery of services in the county and all Decentralized Units and agencies in the county.
(b) perform any other functions conferred on it by the Constitution or national legislation.
(c) carry out any function incidental to any of the assigned functions.
County Executive Committee In the performance of its function shall have power to determine its own programme of activities and every member of the committee shall observe integrity and disclosure of interest in any matter before the committee.
2.2.2 Functions: Role in urban area or city planning
(a) monitor the process of planning, formulation and adoption of the integrated development plan by a city or municipality within the county.
(b) assist a city or municipality with the planning, formulation, adoption and review of its integrated development plan.
(c) facilitate the coordination and alignment of integrated development plans of different cities or municipalities within the county and with the plans, strategies and programmes of national and county governments.
(d) take appropriate steps to resolve any disputes or differences in connection with the planning, formulation , adoption or review of an integrated development plan.
3.0 The County Secretaries
3.1 Appointment of The County Secretaries
There is established for each county the office of the county secretary who shall be secretary to the county executive committee.
3.2 Qualifications for Post of The County Secretaries
(a) Persons who are university graduates with at least ten (10) years experience in administration and management.
(b) shall be nominated from persons competitively sourced by the Governor and with the approval of the County Assembly appointed by the Governor.
(c) may be subject to the conditions and terms of appointment be dismissed by the Governor.
3.3 Duties and Resignation of The County Secretaries
(a) be the head of the County Public Service.
(b) be responsible for arranging the business, keeping the minutes of the county executive committee subject to the directions of the County Executive Committee.
(c) convey the decisions of the county executive committee to the appropriate persons or authorities.
(d) perform any other functions as directed by the county executive committee.
The county secretary may resign from office by giving thirty days written notice to the Governor.
4.0 The County Chief Officers
4.1 Appointment and Resignation of the County Chief Officers
The Governor shall nominate qualified and experienced county chief officers from among persons competitively sourced and recommended by the County Public Service Board and with the approval of the County Assembly appoint county chief officers.
The office of a county chief officer shall be an office in the county public service. A county chief officer shall be responsible to the respective county executive committee member for the administration of a county department. The county chief officer shall be the authorized officer in respect of exercise of delegated power. The governor may re-assign a county chief officer.
A county chief officer may resign from office by giving notice in writing to the Governor.
5.0 Decentralized Units and Officers
These are the Decentralized Units within the 47 Counties in Kenya.
5.1 Urban Areas and the Cities and Managers
Urban areas and the cities. For example City of Mombasa in Mombasa County. The structures and functions of urban areas and cities is provided for in the Urban Areas and Cities Act. Urban Area or City will have Boards with Chairperson and Vice/Chairperson responsible to Governor. The Managers of the Cities, Municipalities and Other Urban Areas will also be appointed by the Governor.
5.2 Sub-Counties and sub-county Administrators
Sub-counties equivalent to the constituencies. For example Mumias in Kakamega County. This unit will headed by sub-county administrator competitively appointed by County Public Service Board. He/she shall have qualifications and knowledge in administration or management.
The sub-county administrator shall be responsible for the coordination, management and supervision of the general administrative functions in the sub-county unit, including:
(a) the development of policies and plans.
(b) service delivery.
(c) developmental activities to empower the community.
(d) the provision and maintenance of infrastructure and facilities of public services, the county public service.
(e) exercise any functions and powers delegated by the County Public Service Board.
(g) facilitation and coordination of citizen participation in the development of policies and plans and delivery of services.
In carrying out the functions and obligations in the sub-county administrator shall be responsible to the relevant county chief officer.
5.3 Wards and Ward Administrators
Wards or Equivalent to each Electoral Unit represented in the County Assembly . For Example Eluche in Kakamega County. This unit will headed by Ward administrator competitively appointed by County Public Service Board. He/she shall have professional qualifications and technical knowledge in administration. He/she shall perform the similar duties similar to the Sub-County Administrator at the Ward Level.
In carrying out the functions and obligations in the Ward administrator shall be responsible to (supervised) the relevant county Sub-County Administrator.
5.4.1 Village Units and Village Administrators
village units in each county as may be determined by the county assembly of the respective county. For example Mung’ang’a Village in Kakamega County. The Author of this article was born in that village, “ingo wefu”. This unit will headed by Village administrator appointed by County Public Service Board. He/she shall have professional qualifications and technical knowledge in administration. A village administrator shall coordinate, manage and supervise the general administrative functions in the village including: (i) ensuring and coordinating the participation of the village unit in governance. (ii) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.
In carrying out the functions and obligations in the Village administrator shall be responsible to the relevant county Ward Administrator.
5.4.2 Village units and Roles of Village Council
Each village unit village council shall establish Village Council comprising of:
(a) the village administrator who shall be the chairperson of the village council
(b) not less than three and not more than five village elders competitively appointed by the village administrator with the approval of the County Assembly, taking into account gender balance.
22.214.171.124 Roles of village council
A village council shall be responsible for:
(a) ensuring and coordinating the participation of the village unit in governance.
(b) assisting the village unit to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.
(c) monitoring the implementation of policies at the village unit.
(d) advising the ward administrator and sub-county administrator on matters pertaining to the village
(e) any other function necessary for the better administration of the village unit.
6.0 Other or further units determined by County Government
There is none at the moment.
7.0 Intergovernmental Relations Forums
Every county a forum to be known as the county Intergovernmental Forum which shall be chaired by the Governor or in his absence, the Deputy Governor, or in the absence of both, a member of the county executive committee designated by the Governor.
The county Intergovernmental Forum shall comprise:
(a) the heads of all departments of the national government rendering services in the county.
(b) the county executive committee members or their nominees appointed by them in writing.
The intergovernmental forum shall pursuant to the Fourth Schedule of the Constitution of Kenya 2010 (Distribution of functions between the National Government and County Governments). This forum is responsible for:
(a) harmonization of services rendered in the county.
(b) coordination of development activities in the county.
(c) coordination of intergovernmental functions.
(d) such other functions as may be provided for by or under any law.
The Governor shall chair such other committee or other forum as may be established at the county level pursuant to Articles 6 (2) – Devolution and access to services, 189 (2) – Respective functions and powers of national and county governments and 239 (5) – National security organs of the Constitution.
The Governor shall receive regular briefings from County Security Committee referred to under section 41 (1) (d) of the National Police Service Act, 2011.
8.0 County Public Service Board
Each county shall in accordance with Article 235 of the Constitution, have its own public service to be known as county public service.
The county public service shall be headed by the County Secretary. The designation county public officer shall be restricted to an officer appointed by the county government. The established a County Public Service Board in each County, which shall be a body corporate with perpetual succession and a seal. It will be capable of suing and being sued in its corporate name.
The County Public Service Board shall comprise of:
(a) a chairperson nominated and appointed by the county governor with the approval of the county Assembly.
(b) not less than three but not more than five other members nominated and appointed by the county governor, with the approval of the county assembly.
(c) a certified public secretary of good professional standing nominated and appointed by the governor with the approval of the county assembly who shall be the secretary to the board.
The appointment of the members of the County Public Service Board shall be through a competitive process.
8.3 Qualifications for Posts and Tenure in Office
(a) The person satisfies the provisions of Chapter Six of the Constitution of Kenya.
(b) He/she is not a state or public officer.
(c) In the case of chairperson or vice- chairperson possesses a minimum qualification of a bachelor’s degree from a recognised university and working experience of not less than ten years.
(d) In the case of any other members: possesses a minimum of a bachelor’s degree from a recognised university, working experience of not less than five years, a professional demonstrating absence of breach of the relevant professional code of conduct.
A member of the Board shall hold office for a non-renewable term of six years and may serve on a part-time basis.
8.4 Objectives / Functions and Powers
(a) To provide for evaluation and reporting on the extent to which the values and principles referred to in Articles 10 and 232 of the Constitution are complied with in the county public service.
(b) To provide for the organization, staffing and functioning of the county public service in ways that ensure efficient, quality and productive services for the people of the county.
(c) To provide for institutions, systems and mechanisms for human resource utilization and development in a manner that best enhances service delivery by county public service institutions.
(d) To provide a framework of uniform norms and standards to be applied in all counties in respect of: (i) establishment and abolition of offices in the county public service. (ii) appointment of persons to hold or act in those offices. (iii) confirming appointments or (iv) exercising disciplinary control over and removal of persons holding or acting in those offices.
(e) To provide for the promotion of the values and principles set out in the Constitution in the county public service.
(f) To provide for human resource management and career development practices.
(g) To address staff shortages and barriers to staff mobility between counties.
(h) To provide for standards to promote ethical conduct and professionalism in county public service.
(i) To provide for the establishment of County Public Service Boards.
(j) To make further provisions relating to appeals in respect of County Governments’ Public service.
9.0 Citizen Participation
9.1 Principles of citizen participation in County Government
Citizen participation in county governments shall be based upon the following principles:
(a) timely access to information, data, documents, and other information relevant or related to policy formulation and implementation.
(b) reasonable access to the process of formulating and implementing policies, laws, and regulations, including the approval of development proposals, projects and budgets, the granting of permits and the establishment of specific performance standards.
(c) protection and promotion of the interest and rights of minorities, marginalized groups and communities and their access to relevant information.
(d) legal standing to interested or affected persons, organizations, and where pertinent, communities, to appeal from or, review decisions, or redress grievances, with particular emphasis on persons and traditionally marginalized communities, including women, the youth and isadvantaged communities.
(e) reasonable balance in the roles and obligations of county governments and non-state actors in decision-making processes to promote shared responsibility and partnership and to provide complementary authority and oversight.
(f) promotion of public-private partnerships, such as joint committees, technical teams and citizen commissions, to encourage direct dialogue and concerted action on sustainable development.
(g) recognition and promotion of the reciprocal roles of non-state actors’ participation and governmental facilitation and oversight.
10.0 CIVIC EDUCATION
10.1 Principles of Civic Education
Civic education are intended to promote:
(a) empowerment and enlightenment of citizens and government.
(b) continual and systemic engagement of citizens and government.
(c) values and principles of devolution in the Constitution.
The content to be disseminated under civic education is provided for under Section 100 of County Government Act 2012 which states that “Each county Governement shall implement an appropriate civic education programme and establish a civic education unit. It will use the established a National Government design and framework of civic education. Also it will determine the contents of the curriculum for civic education taking into account the provisions of Article 33 of the Constitution of Kenya (One of the Fundamental Rights and Freedoms of an individual, i.e. The Freedom of Expression)”.
10.2 Purpose and Objectives of Civic Education
To have an informed citizenry that actively participates in governance affairs of the society on the basis of enhanced knowledge, understanding and ownership of the Constitution.
(a) sustained citizens’ engagement in the implementation of the Constitution.
(b) improved understanding, appreciation and engagement in the operationalization of the county system of government.
(c) institutionalizing a culture of constitutionalism.
(d) knowledge of Kenya’s transformed political system, context and implications.
(e) enhanced knowledge and understanding of electoral system and procedures.
(f) enhanced awareness and mainstreaming of the Bill of Rights and National values.
(g) heightened demand by citizens for service delivery by institutions of governance at the county level.
(h) ownership and knowledge on the principal economic, social and political issues facing county administrations and their form, structures and procedures.
(i) appreciation for the diversity of Kenya’s communities as building blocks for national cohesion and integration.
11.0 COUNTY PLANNING
11.1 Principles of planning and development facilitation
(a) To integrate national values in all processes and concepts.
(b) To protect the right to self-fulfilment within the county communities and with responsibility to future generations.
(c) To protect and integrate rights and interest of minorities and marginalized groups and communities.
(d)To protect and develop natural resources in a manner that aligns national and county governments policies.
(e) To align county financial and institutional resources to agreed policy objectives and programmes.
(f) To engender effective resource mobilization for sustainable development.
(g) To promote the pursuit of equity in resource allocation within the county.
(h) To provide a platform for unifying planning, budgeting, financing, programme implementation and performance review.
(i) To serve as a basis for engagement between county government and the citizenry, other stakeholders and interest groups.
11.2 Objectives of county planning
(a) To ensure harmony between national, county and sub-county spatial planning requirements.
(b) To facilitate the development of a well-balanced system of settlements and ensure productive use of scarce land, water and other resources for economic, social, ecological and other functions across a county.
(c) maintain a viable system of green and open spaces for a functioning eco-system.
(d) harmonize the development of county communication system, infrastructure and related services.
(e) develop urban and rural areas as integrated areas of economic and social activity.
(f) provide the preconditions for integrating underdeveloped and marginalized areas to bring them to the level generally enjoyed by the rest of the county.
(g) protect the historical and cultural heritage, artefacts and sites within the county.
(h) make reservations for public security and other critical national infrastructure and other utilities and services.
(i) work towards the achievement and maintenance of a tree cover of at least ten per cent of the land area of Kenya.
(j) develop the human resource capacity of the county.
11.3 Obligation to plan by the county
A county government shall plan for the county and no public funds shall be appropriated outside a planning framework developed by the county executive committee and approved by the county assembly. The county planning framework shall integrate economic, physical, social, environmental and spatial planning.
The county government shall designate county departments, cities and urban areas, sub-counties and Wards as planning authorities of the county. These designate planning authorities in the county shall appropriately organise for the effective implementation of the planning function within the county. To promote public participation, non-state actors shall be incorporated in the planning processes by all authorities. County plans shall be binding on all sub-county units for developmental activities within a County.
11.4 Planning in the county
A county planning unit is responsible for:(a) coordinating integrated development planning within the county. (b) ensuring integrated planning within the county. (c) ensuring linkages between county plans and the national planning framework. (d) ensuring meaningful engagement of citizens in the planning process. (e) ensuring the collection, collation, storage and updating of data and information suitable for the planning process. (f) ensuring the establishment of a GIS based database system.
11.5 Integrating national and county planning
Cooperation in planning shall be undertaken in the context of the law governing Intergovernmental relations Forum. County plans shall be based on the functions of the county governments as specified in the Fourth Schedule to the Constitution and on relevant national policies. County plans shall take due cognisance of the financial viability of development programmes. County planning shall provide for citizen participation.
11.6 Types and purposes of county plans
To guide, harmonize and facilitate development within each county there shall be the following plans. These County plans shall be the basis for all budgeting and spending in a county.
Types of County Plans:
- Integrated Development Plan.
- Sectoral Plans.
- Spatial Plan.
- Cities and Urban Areas Plans as provided for under the Urban Areas and Cities Act.
12.0 DELIVERY OF COUNTY PUBLIC SERVICES
12.1 Principles of public service delivery in a county
A county government and its agencies shall have an obligation to deliver services within its designated area of jurisdiction. A county shall deliver services while observing the principles of equity, efficiency, accessibility, nondiscrimination, transparency, accountability, sharing of data and information, and subsidiarity.
12.2 Standards and norms for public service delivery
A county government and its agencies shall in delivering public services:
(a) give priority to the basic needs of the public.
(b) promote the development of the public service delivery institutions and ensure that all members of the public have access to basic services.
Public services shall be equitably delivered in a manner that accords to:
(i) prudent, economic, efficient, effective and sustainable use of available resources.
(ii) continual improvement of standards and quality.
(iii) appropriate incorporation of the use of information technology.
(iv) financial and environmental sustainability.
A county government shall carry out regular review of the delivery of services with a view to improvement.
12.3 Shared services
A county government may enter into an agreement with the national government, another county or an agency of the national government to provide or receive any service that each county participating in the agreement is empowered to provide or receive within its own jurisdiction, including services incidental to the primary purpose of any of the participating counties. Each county shall have a county shared services platform aligned to national policies, standards and norms.
12.4 Citizen’s Service Centre
A county executive committee shall establish a Citizens’ Service Centre at these levels: (a)the county, (b) the sub-county, (c) the Ward, (d) any other decentralized level.
The Citizens’ Service Centre shall serve as the central office for the provision by the county executive committee in conjunction with the national government of public services to the county citizens. The governor shall ensure the use of appropriate information and communication technologies at a Citizens’ Service Centre to aid in the provision of timely and efficient services to the county citizens.
12.5 Tariffs and pricing of public services
A county government or any agency delivering services in the county shall adopt and implement a tariffs and pricing policy for the provision of public services. A county government or agency delivering services through service delivery agreements, shall comply with:
(a) users of county services should be treated equitably in the application of tariffs, fees, levies or charges.
(b) the amount individual users pay for services should generally be in proportion to their use of that service.
(c) poor households shall have access to at least basic services through (i) tariffs that cover only operating and maintenance costs. (ii) special tariffs or life line tariffs for low levels of use or consumption of services or for basic levels of service. (iii) any other direct or indirect method of subsidies of tariffs for poor households.
(d) tariffs shall reflect the costs reasonably associated with rendering the service, including capital, operating, maintenance, administration and replacement costs and interest charges.
(e) tariffs shall be set at levels that facilitate the financial sustainability of the service, taking into account subsidy from sources other than the service concerned.
(f) provision may be made in appropriate circumstances for a surcharge on the tariff for a service.
(g) provision may be made for the promotion of local economic development through special tariffs for categories of commercial and industrial users.
(h) promotion of the economic, efficient, effective and sustainable use of resources, the recycling of waste and other appropriate environmental objectives.
(i) full disclosure of the subsidies on tariffs for poor households and other categories of users.
12.6 Support to county governments
A tariff policy may differentiate between different categories of users, debtors, service providers, services, service standards, geographical areas and other matters as long as the differentiation does not amount to unfair discrimination. A county government may make laws and regulations to give effect to the implementation and enforcement of tariff policies.
National Council for Law Reporting (Kenya), (2012). The County Governments Act 2012.
National Council for Law Reporting (Kenya), (2010).The Constitution of Kenya 2010.
National Council for Law Reporting (Kenya), (2012).The Intergovernmental relations Act 2012.
National Council for Law Reporting (Kenya), (2012).Transition to Devolved Government Act 2012.
National Council for Law Reporting (Kenya), (2011).Urban Areas and Cities Act 2011.
Association of Professional Societies in East Africa, (October 2011). Policy paper on devolution.
Ministry of Planning and Vision 2030, (October 2007). Kenya Vision 2030: A Globally Competitive and Prosperous Kenya.
N.A. Saleemi, (2009), General Principles of Law Simplified, Saleemi Publications Ltd., Nairobi
Office of the Deputy Prime Minister and Ministry of Local Government, (April 2011). Volume I: Report of the Task Force on Devolved Government.
Tudor Jackson (1986), the Law of Kenya an Introduction, Kenya Literature Bureau, Nairobi