Kenya Act or statute

Parliament of Kenya

Intergovernmental Relations Act

Jurisdiction: Kenya
Structure: 38 provisions
Citation: Cap. 265F
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“The Act may be cited as the 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.

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PRELIMINARY - 1. Short title

The Act may be cited as the Intergovernmental Relations Act.

Section 1

ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 13. Sectoral working groups or committees

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 13

ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 23. Joint committees

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

Section 23

TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 29. Public participation

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.

Section 29

MISCELLANEOUS PROVISIONS - 38. Regulations

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…

Section 38

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Showing 38 of 38 provisions

Provision 35Short titleInterpretationOffence

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Intergovernmental Relations Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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

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 2Verify source

§ 3PRELIMINARY - 3. Objects and purposes of the ActProvision

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

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

Section 3Verify source

§ 4PRELIMINARY - 4. Principles of intergovernmental relationsProvision

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

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

Section 4Verify source

§ 5PRELIMINARY - 5. Objects of intergovernmental structuresProvision

Facilitates the realization of the objects and principles of devolution provided for under Articles 174 and 175 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 5Verify source

§ 6PRELIMINARY - 6. Application of the principles and objects of the ActProvision

Applies to the national and county governments.

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

Section 6Verify source

Part II

ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES

§ 10ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 10. Reports by the SummitProvision

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.

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 10Verify source

§ 11ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 11. Establishment of the Intergovernmental Relations Technical CommitteeProvision

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.

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 experience; and Section 11(5)(d) satisfies the requirements of Chapter Six of the Constitution. Section 11(6)(a) is a member of Parliament or County Assembly; Section 11(6)(b) is a member of a governing body of a political party; Section 11(6)(c) is an elected or nominated member of a local authority; Section 11(6)(d) is a member of a Commission established under the Constitution; Section 11(6)(e) is an undischarged bankrupt; Section 11(6)(f) has been removed from office for contravening the Constitution or any other law; or Section 11(6)(g) has, in the conduct of his affairs, not met any statutory obligations.

Section 11Verify source

§ 12ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 12. Functions of the Technical CommitteeProvision

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

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

Section 12Verify source

§ 13ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 13. Sectoral working groups or committeesProvision

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 13Verify source

§ 14ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 14. Reports by the Technical Committee etc.Provision

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

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

Section 14Verify source

§ 15ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 15. Establishment of the Intergovernmental Relations SecretariatProvision

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.

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 Secretariat; Section 15(5)(c) the organization, control and management of staff of the Secretariat; Section 15(5)(d) maintaining accurate records on financial matters and resource use; Section 15(5)(e) ensuring the preparation and approval of the budget for the required funding of the operational expenses of the Summit, the Council and the Technical Committee; and Section 15(5)(f) performing any other duties as may be assigned to him by the Summit, the Council and the Technical Committee. Section 15(6) The Secretary shall be appointed for a single term of six years and shall not be eligible for reappointment.

Section 15Verify source

§ 16ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 16. Removal from office of the SecretaryProvision

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

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 16Verify source

§ 17ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 17. Staff of the Summit and Technical CommitteeProvision

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.

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 17Verify source

§ 18ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 18. Remuneration of staffProvision

Title: Remuneration of staff.

Section 18. Remuneration of staff

Section 18Verify source

§ 19ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 19. Establishment of Council of County GovernorsProvision

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 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 19Verify source

§ 20ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 20. Functions of the CouncilProvision

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.

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 intergovernmental forums including inter-city and municipality forums. Section 20(3) The Council may establish sectoral working groups or committees for the better carrying out of its functions.

Section 20Verify source

§ 21ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 21. Meetings of the CouncilProvision

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

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 21Verify source

§ 22ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 22. Reports by the CouncilProvision

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 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 22Verify source

§ 23ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 23. Joint committeesProvision

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

Section 23Verify source

§ 7ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 7. Establishment of the National and County Government Co-ordinating SummitProvision

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.

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 7Verify source

§ 8ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 8. Functions of the SummitProvision

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

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

Section 8Verify source

§ 9ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES - 9. Meetings of the SummitProvision

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

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

Section 9Verify source

Part III

TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES

§ 24TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 24. Transfer and delegation of powers, functions and competenciesProvision

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

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 24Verify source

§ 25TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 25. Principles of transfer or delegation of powers, functions and competenciesProvision

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.

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 25Verify source

§ 26TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 26. Agreements on transfer or delegation of powers, functions or competenciesProvision

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

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) signed by an authorized person or officer; and Section 26(3)(b) published in the Kenya Gazette and the county Gazette in respect of the county to which it relates, at least fourteen days before the effective date of the transfer or delegation. Section 26(4) The National Assembly shall be notified of the decision to transfer a national government power, function or competency. Section 26(5) A county assembly shall be notified of the decision to transfer a county government power, function or competency.

Section 26Verify source

§ 27TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 27. Service standardsProvision

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

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 27Verify source

§ 28TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 28. Criteria for transferring powers, functions or competenciesProvision

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

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 28Verify source

§ 29TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES - 29. Public participationProvision

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.

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 29Verify source

Part IV

DISPUTE RESOLUTION MECHANISMS

§ 30DISPUTE RESOLUTION MECHANISMS - 30. Application of this PartProvision

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

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 30Verify source

§ 31DISPUTE RESOLUTION MECHANISMS - 31. Measures for dispute resolutionProvision

Encourages resolving disputes amicably.

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

Section 31Verify source

§ 32DISPUTE RESOLUTION MECHANISMS - 32. Dispute resolution mechanismsProvision

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.

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 32Verify source

§ 33DISPUTE RESOLUTION MECHANISMS - 33. Formal declaration of a disputeProvision

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.

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 33Verify source

§ 34DISPUTE RESOLUTION MECHANISMS - 34. Procedure after formal declaration of a disputeProvision

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.

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 shall make every reasonable effort to resolve the dispute in terms of that mechanism or procedure. Section 34(3) Where a dispute referred to the Council or any other intergovernmental structure established under this Act, fails to be resolved in accordance with section 33 (2), the Summit shall convene a meeting between the parties in an effort to resolve the dispute and may recommend an appropriate course of action for the resolution of the dispute.

Section 34Verify source

§ 35DISPUTE RESOLUTION MECHANISMS - 35. Judicial proceedingsProvision

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.

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 35Verify source

§ 36DISPUTE RESOLUTION MECHANISMS - 36. OffenceOffence

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 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 36Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 37MISCELLANEOUS PROVISIONS - 37. Operational expensesProvision

Section title: "Operational expenses" for the Summit.

Section 37. Operational expenses Section the Summit;

Section 37Verify source

§ 38MISCELLANEOUS PROVISIONS - 38. RegulationsProvision

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 .

Section 38Verify source

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