transition bill - 1st august 2011 - final
TRANSCRIPT
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The Transition to Devolved Government Bill, 2011
THE TRANSITION TO DEVOVED GOVERNMENT BILL, 2011
ARRANGEMENT OF CLAUSES
Clause
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PART I PRELIMINARY
1- Short title.
2- Interpretation.3- Objects and purposes of the Act.
PART I I-THE COUNTY TRANSITION AUTHORITY
4- Establishment of the Authority.
5- Membership of the Authority.
6- Appointment and qualifications for chairperson and members.7- Conduct of business and affairs of the Authority.8- Oath of office
9- Functions of the Authority
10-Transition phases.11-Powers of the Authority.
12- Guiding principles13-Secretary to the Authority.14- Staff of the Authority.
15- Terms and conditions of service for members and staff.
16- Code of conduct.17-Delegation by the Authority..18- Protection from personal liability
19- Common seal.
PART III FINANCIAL PROVISIONS
20- Funds of the Authority.21- Financial year.
22- Annual estimates.
23- Accounts and audit.
24- Investment of funds.
PART IV PHASED TRANSFER OF FUNCTIONS
25-Procedure for phased transfer of function
26- Criteria for transfer of function
27- Review of Authority decision not to approve transfer of function
28- National government to pay seconded staff.
PART V INFORMATION
29- Progress report.30- Annual Report
PART VI MISCELLANEOU PROVISIONS
31- Management of information32- Duty to cooperate.
33- Regulations.34-Dissolution of the Authority.
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Schedules
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THE TRANSITION TO DEVOLVED GOVERNMENT BILL, 2011
A Bill for
AN ACT of Parliament to provide for a framework for transitional
arrangements and processes for the establishment andoperationalization of devolved government; the phased
transfer of functions and powers; and for connected
purposes
ENACTED by the Parliament of Kenya, as follows
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PART I PRELIMINARY
Short title. 1. This Act may be cited as the Transition to Devolved Government
Act, 2011.
Interpretation. 2. (1) In this Act unless the context otherwise requires
analysis of functions means the processes and mechanisms ofreviewing and reassigning of powers and competencies between the
national government and county governments in accordance with the
provisions of the Constitution generally and Schedule Four specifically;
authority means the County Transition Authority established
under section 4 of this Act;
cabinet secretary means the Cabinet Secretary responsible for
matters relating to devolved government;
chairperson means the chairperson of the Authority appointed
under section 5 of this Act;
competencies means powers given to a public authority in respect
of a specific activity key to ensuring the provision of a public service. It
would generally refer to powers of planning, regulating, settingstandards, constructing, financing, managing, monitoring and
evaluating, sanctioning or intervening in any way to ensure that a
function is discharged;
member means a member of the Authority appointed under section
5 of this Act;
transition period means the period between the coming into force
of this Act and the 14th day of August, 2015.
(2) For the period prior to the announcement of the results of the first
elections of Parliament as contemplated by section 2 of the Sixth
Schedule to the Constitution, references in this Act-
(a) to a Cabinet Secretary shall be construed to be a reference to
a Cabinet Minister responsible for local government;
(b) to a Principal Secretary shall be construed to be a reference
to a Permanent Secretary.
Objects andpurposes of theAct.
3. The objects and purposes of this Act are to-
(a) provide a legal and institutional framework for acoordinated transition to devolved government while
ensuring continuity of service to citizens;
(b) provide, pursuant to section 15 of the Sixth Schedule to the
Constitution, for the phased transfer, over a period of not
more than three years from the date of the first election of
county assemblies, from the national government to countygovernments of the functions assigned to them under Article
185 of the Constitution.
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FOURTH SCHEDULE s.10
Transition Period Phase I
ACTIONS JUSTIFICATION ACTOR(S) OUTCOME TIME
FRAME
AUDIT OF ASSETS
AND LIABILITIESOF LAs
Clearing of outstanding
financial obligations ofLAs
ODPM/MoLG, LAs,
Transition Secretariat
Debts and liabilities of each LA
established
May 2011-June 2012
AUDIT OF LA
INFRASTRUCRURE
COUNTIES
Vesting of plant &
equipment to county
governments
Ministry of Public Works,
LAs, ODPM/MoLG and
Transition Secretariat
Number and functionality of plant &
equipment established
July 2011- March 2012
AUDIT OF
CENTRAL
GOVERNMENT
INFRASTRUCTURE
IN COUNTIES
Vesting of some plant &
equipment to county
governments
MoPW, MDAs and
Transition Secretariat
Number and functionality of plant &
equipment established
July 2011- March 2012
AUDIT OF
CENTRAL
GOVERNMENT
STAFF IN
COUNTIES
Secondment of central
government staff to
county governments
MoSPS and other MDAs Number of staff in each county by
cadre, grades, gender, age &
qualification
March 2011- December
2011
AUDIT OF LA
STAFF IN
COUNTIES
Secondment of LA staff
to county governments
ODPM/MoLG, LAs &
Transition Authority
Number of LA staff in each county by
cadre, grades, gender, age &
qualification
July 2011- March 2012
CIVIC EDUCATION Sensitisation of the
public on Acts related to
ODPM/MoLG, MOJCA,Civic education on devolution started August 2011- June 2012
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county governments and stakeholders
COUNTY
BUDGETS
Agreement on initial
budgets for counties
ODPM/MoF, CRA, CIC
& Transition Secretariat
Initial County budgets agreed March 2012
COUNTY
PROFILES
Establishment of basic
data and framework for
data collection and
analysis in counties
MoPND &VISION 2030 Profiles of counties produced and
printed
May 2011- Dec 2011
ANALYSIS OF
FUNCTIONS
Development of
understanding &
framework for devolving
functions to counties by
MDAs
All MDAs Definition and plan for distribution of
functions published & necessary Acts
amended
Sept. 2011- March 2012
CLASSIFICATION
OF URBAN AREAS
To re-establish cities,
municipalities and towns
Transition Authority,
MoLG
Gazettement of new cities,
municipalities and towns
Jan. 2012 Aug. 2012
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Transition Period Phase II
ACTIONS JUSTIFICATION ACTOR(S) OUTCOME TIME
FRAME
Formation of county
governments
Swearing in of
Governor and Deputy
Governor
Presiding Judge of the
County High Court
Governor and Deputy Governor sworn
in
Aug. 2012
Swearing of County
Assembly
Presiding Judge of the
County High Court
County assembly sworn in Aug. 2012
Appointment and
swearing in of
Speaker of County
Assembly
County Assembly &
County Executive &
Presiding Judge of the
County High Court
Speaker appointed Aug. 2012
Appointment of
Clerk of County
Assembly
County Assembly &
County Executive
Clerk of the National Assembly
appointed
Aug. 2012
Appointment,
confirmation and
swearing in of
County Executive
committee
Governor & County
Assemblycounty executive committee appointed
and sworn in.
September 2012
Establishment of
county public service
board
County executive
committee
County assembly
County public service established Nov. 2012
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MEMORANDUM OF OBJECTS AND REASONS
The principal object of this Bill is to provide a framework for a coordinated transition
to county government regime. It does this by creating the necessary institutional
arrangements, processes and related procedures.
Part Iprovides for the short title and interpretation of terms used. It also articulates
the specific object and purpose of the Bill.
Part II provides for the establishment, composition, appointment, mandate and
powers of the County Transition Authority which has the primary role of facilitating the
transition. The provisions ensure that the members are appointed in a transparent and fair
manner is observed. A selection panel comprising both the public and private sector together
with civil society is catered for with the Executive and Parliament also participating in the
appointment process. This Part also provides for a professional secretariat to be headed by a
Secretary and supported by the requisite staff. .
Part IIIprovides for the financial matters. These include sources of funds for the
Authority, accounts and audit of its books and preparation of annual estimates. Specifically,
the requirement that the Salaries and Remuneration Commission is involved in the
determination of terms of members and staff is provided for.
Part IVprovides for the phased transfer of functions to county governments and the
matter of capacity building are also covered under this Part
Part V sets out the general provisions which include the requirement that public and
state officers should cooperate with the Authority to ensure smooth transition to county
governments regime. Also addressed are the accountability mechanisms such as progressand annual reports of the Authority to both the Commission on Implementation of the
Constitution, Parliament and President respectively through the Cabinet Secretary.
Management of information, protection from personal liability, and disclosure of personal
interest by members, matters of conflict of interest where persons who serve on the
Transition Authority are excluded from immediate future county appointments is also
provided for.
The enactment of this Bill shall occasion additional expenditure of public fundswhich shall be provided for through the estimates.
Part VI sets out the miscellaneous provisions. It includes matters relating to a duty on state
organs and officers as well as the public to cooperate with the Authority. It addresses mattersof regulations by the Authority and Cabinet Secretary. The dissolution of the Authority is
addressed here.
Schedules there are four schedules to this Bill. The first details the procedures of
appointment of the Authority, Schedule 2 provides for the conduct of the affairs of the
Authority, while the third Schedule deals with the oath of office for the chairperson, members
and Secretary of the Authority. In the fourth schedule, general details of issues under
transition are provided for.
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Dated the , 2011
Musalia Mudavadi,
Deputy Prime Minister and Minister for Local Government
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