Intergovernmental Relations Act

The Act may be cited as the Intergovernmental Relations Act.

This section provides definitions of terms used in the Act, such as "Cabinet Secretary", "competencies", "Council", "level of government", "Secretariat", "Summit" and "Technical Committee".

The Act's objects include providing a framework for consultation and co-operation between the national and county governments.

Declares recognition of the sovereignty of the people as provided for under Article 1 of the Constitution.

Facilitates the realization of the objects and principles of devolution provided for under Articles 174 and 175 of the Constitution.

Applies to the national and county governments.

The Summit must submit an annual report to the National Assembly, the Senate and the county assemblies within three months after each financial year; Regulations must provide the procedure and details; the legislatures shall make recommendations on the report; and the legislatures may request information from the Summit at any time.

Creates an Intergovernmental Relations Technical Committee; Chair and up to eight members are to be competitively recruited and appointed by the Summit; the Principal Secretary responsible for devolution is a member; the Summit determines appointment terms and conditions; the text lists qualification and disqualification criteria for members.

The Technical Committee must facilitate the activities of the Summit and of the Council.

The Technical Committee may establish sectoral working groups or committees; and the section does not prevent a Cabinet Secretary from convening consultative fora on sectoral issues of common interest to national and county governments.

Section must submit quarterly reports to the Summit and to the Council.

Establishes a Secretariat of the Technical Committee headed by a competitively recruited Secretary, specifies qualifications, duties and functions of the Secretary and Secretariat, and provides that the Secretary is appointed for a single six-year non-renewable term.

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

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

Title: Remuneration of staff.

Section 19 establishes a Council of County Governors made up of the governors of the forty-seven counties; the Council must elect a Chairperson and vice-Chairperson from among its members; those officers serve one-year terms and may be re-elected for one further one-year term.

Section 20 lists the Council's functions, including consultation among county governments; sharing performance information; considering matters of common interest; dispute resolution between counties; facilitating capacity building for governors; receiving reports and monitoring inter-county agreements; considering public referrals; considering reports from other intergovernmental forums; and performing any other function conferred by law or considered necessary. The Council also has powers to establish other intergovernmental forums and may establish sectoral working groups or committees.

The Council must meet at least twice a year; the meetings of the Council shall be as provided in the Schedule.

The Council must submit an annual report to the Summit, the Senate and the National Assembly; the report shall be transmitted to 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

Establishes the National and County Government Co-ordinating Summit as the apex intergovernmental body; the President (or, if absent, the Deputy President) is Chairperson; governors of the forty-seven counties are listed; the Chairperson of the Council elected under section 19 is vice-Chairperson.

The Summit has the function of consultation and co-operation between the national and county governments.

Meetings of the Summit Section must meet at least twice a year.

Section concerns transfer and delegation of powers, functions or competencies to another level of government.

Requires assignment to the level of government best placed to exercise or perform the power, function or competency in accordance with Article 187 of the Constitution.

A transfer or delegation of powers, functions or competencies under this Part must be made by a written agreement.

Each power, function or competency must have minimum service standards; transfers or delegations of powers must include adequate resources to meet those minimum standards.

Consider the capacity of the entity to which a power, function or competency is being transferred or delegated.

Regulations shall provide the framework for public participation in the transfer or delegation of powers, functions or competencies by either level of government under this Part.

Defines "dispute" as an intergovernmental dispute: between the national government and a county government, or amongst county governments.

Encourages resolving disputes amicably.

Agreements must include a dispute resolution mechanism appropriate to the nature of the agreement and must provide for alternative dispute resolution with judicial proceedings as a last resort; if an agreement lacks such a mechanism, disputes are to be dealt with under this Part.

Before formally declaring a dispute, parties must try in good faith to resolve it through direct negotiations or an intermediary; if negotiations fail, a party may refer the dispute to the Summit, the Council or another intergovernmental structure established under the Act.

After a formal dispute declaration, parties must try to resolve disputes using agreed or legislated non‑judicial mechanisms; where a specific mechanism exists the parties must make every reasonable effort to use it; if intergovernmental resolution fails the Summit must convene a meeting and may recommend a course of action.

If efforts to resolve a dispute under the Act fail, a party to the dispute may submit the matter for arbitration or start judicial proceedings.

It is an offence for a person to (a) fail, without justifiable cause, to attend a required dispute-settling meeting; (b) refuse to produce an article or document when lawfully required; (c) knowingly give false evidence or information; or (d) interrupt meeting proceedings. On conviction the person is liable to a fine not exceeding two hundred thousand shillings or imprisonment not exceeding six months, or both.

Section title: "Operational expenses" for the Summit.

The Cabinet Secretary may, after consulting the Summit, make regulations to carry out the Act (including on transfer of functions, public participation, dispute resolution, appointments and intergovernmental forums) and must lay a draft of those regulations before the Senate for approval before publication in the Kenya Gazette.