National Government Co-ordination Act

This Act may be cited as the National Government Co-ordination Act.

Section 2 defines terms used in the Act, including "Cabinet Secretary", "Chief Administrative Secretary", "county", "national government administrative officer", "national government function" and "Principal Secretary".

Facilitate the exercise of executive authority pursuant to Articles 131(1)(b) and 132(3)(b) and (c) of the Constitution.

The national government must act in accordance with the national values and principles of the Constitution, including the values and principles set out in Articles 10, 189, 201(d) and 232.

The national government must ensure reasonable access to its services in all parts of the Republic, subject to appropriateness given the nature of the service and Article 6(3) of the Constitution.

The powers of the President and the Governor remain unaffected.

Each Cabinet Secretary must carry out the functions assigned to them by the President, the Constitution, this Act or any other written law; and Cabinet decisions are binding on all Cabinet Secretaries.

Section 11 establishes the Cabinet office headed by the Secretary to the Cabinet and requires the Cabinet office to provide secretariat and support services, perform functions assigned by the President or Cabinet, and requires the Public Service Commission to recruit and appoint public officers as needed by the Secretary to the Cabinet.

Each Principal Secretary shall be responsible for administering a State department; the President may appoint as many Principal Secretaries as necessary for effective national government functions.

Establishes the office of Chief Administrative Secretary, sets appointment process, qualifications and disqualifications, duties, exclusion from parliamentary affairs, and that remuneration is determined by the Public Service Commission on recommendation of the Salaries and Remuneration Commission.

The President must establish committees to coordinate national government functions; the President and the designated Cabinet Secretary may decentralize and assign functions, and the Cabinet Secretary may, with presidential approval, make regulations; committees have necessary powers.

The Cabinet Secretary may establish national government service delivery co-ordination units with the President's approval and a Gazette notice; when doing so the Cabinet Secretary must accord and respect county government decentralised units; where a county has not decentralised units the national government may establish its own units when necessary.

The President may assign functions of the national executive to any person through the relevant Cabinet Secretary and may require that person to prepare and submit a report on any matter.

The President is responsible for coordinating national government functions; the Office of the Head of Public Service is established in the Executive Office of the President, the Head is appointed by the President on the recommendation of the Public Service Commission, serves at the pleasure of the President, has specified functions and qualifications, and an incumbent immediately before commencement continues in office.

The Cabinet must coordinate national government functions; Cabinet Secretaries are accountable to the President; Cabinet Secretaries are responsible for policy formulation, guidance and implementation for their ministries, departments or agencies; a Cabinet Secretary must link the State department with the President or Parliament.

The Public Service Commission must, in consultation with the Cabinet Secretary responsible for coordination of national government functions, recruit and appoint national government administrative officers to coordinate national government functions and perform other assigned functions.

A national government administrative officer appointed under this Act shall have all powers necessary to properly perform functions under this Act or any other written law, subject to the Constitution, this Act or any other written law.

A national government administrative officer appointed under section 15 must coordinate national government functions at county level and other decentralised units, subject to the Constitution, this Act and other written law.

The Cabinet Secretary must prescribe a scheme of service for national government administrative officers on the recommendation of the Public Service Commission.

When a dispute arises over mandates between county and national governments a mediation team is formed; the Governor and the Cabinet Secretary each appoint two eminent persons; the team must be guided by constitutional principles and must complete its task within fourteen days.

Certain public officers serving immediately before commencement are deemed appointed as national government administrative officers; provincial administration employees serving immediately before commencement shall be redeployed in the public service.

All property, assets, rights, liabilities, obligations, agreements and other arrangements that were vested in, acquired, incurred or entered into by or on behalf of the provincial administration and existing at commencement vest in the national government upon commencement of this Act.

Public officers appointed under this Act are exempt from personal liability for actions done in good faith in the execution of their official functions.

The Cabinet Secretary may, with the approval of the President, make regulations to carry the purposes of the Act into effect.