THE COUNTY GOVERNMENTS (AMENDMENT) BILL, 2024

Background

The County Governments (Amendment) Bill, 2024 addresses human resource challenges and talent distribution across county governments. By introducing a formal structure for inter-county transfers, the Bill aims to facilitate the seamless movement of personnel, enhance public service delivery efficiency, and ensure that expertise is evenly distributed across Kenya's 47 counties without compromising employees' financial security.

Key Amendments

Amendments to the County Governments Act (Cap. 265)

• Section 2: Amended to introduce the definition of 'Forum' as the County Public Service Boards Consultative Forum established under section 86A.
• Section 73A (New Insertion): Implements the inter-county transfer mechanism. To be considered for a transfer, an officer is generally required to have served at a duty station for a continuous period of at least three years, though a County Public Service Board may waive this period. Crucially, the transfer will not lead to the loss of accrued pension, retirement benefits, or accrued leave.
• Part VIIA (New Insertion - Sections 86A to 86L): Formally establishes the County Public Service Boards Consultative Forum. The Forum is tasked with developing criteria for inter-county consultation, establishing frameworks for joint agreements, and mediating disputes between county boards.

Amendments to the Intergovernmental Relations Act (Cap. 265F)

• Section 12: Amended to formally insert the County Public Service Boards Consultative Forum immediately after the words 'administration of the Summit' in paragraph (a).

New Obligations

For County Public Service Boards

• Transfer Determinations: Boards must make recommendations on transfer applications within 21 days of receipt.
• Decision Criteria: In determining transfer approvals, boards must evaluate service delivery efficiency, the existing skills in the receiving county, and representation of diverse communities (including gender, ethnic groups, and persons with disabilities).
• Non-Disruption: Boards must ensure transfers are non-arbitrary, based on necessity, and executed in a manner that does not disrupt county operations.

For the Consultative Forum and Secretary

• Annual Meetings: The Forum must meet at least once every year on a rotational county basis.
• Reporting Requirements: Within four months after the end of each financial year, the Forum must submit an annual activity report and plan of action for the following year to the Senate, the County Assemblies, and the Council of County Governors.
• Secretary Qualifications: The appointed Secretary must hold a university degree, have at least 10 years of senior management work experience, be an employee of the Intergovernmental Relations Technical Committee (IGRTC), meet Chapter Six constitutional integrity standards, and have no recent criminal convictions resulting in six months or more of imprisonment.