THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL, 2024
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Public Review
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Debate
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Executive
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Final
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Technical Committee Replaced by Intergovernmental Relations Agency
The Bill replaces the previous Technical Committee with a newly established Intergovernmental Relations Agency.
- Investigative Powers: Under the newly inserted Section 12A, the Agency is empowered to gather information, requisition reports, and compel any State organ to produce records.
- Dispute Resolution: The Agency is authorized to issue binding directions with respect to intergovernmental disputes and summon individuals to appear before it.
Compulsory Standardized County Pension Schemes
Under Section 22A, county government staff must subscribe to an existing pension scheme prescribed under the Act.
- Scheme Criteria: The scheme must be a defined contribution umbrella scheme registered under the Retirement Benefits Act, established under irrevocable trusts, and offer lifetime periodical pensions.
- Trustee Governance: It will be governed by a Board of Trustees (4 to 9 members) registered under the Trustees (Perpetual Succession) Act, including at least one independent trustee recruited competitively by the Council.
Formal Establishment of the County Assemblies Forum
Section 23F formally establishes the County Assemblies Forum to coordinate interactions among the 47 county assemblies.
- National Executive Board: Governed by a 9-member board comprising a chairperson (who must be a County Assembly speaker), a vice-chairperson, a secretary-general, and six other members serving two-year terms.
- Funding: Funded through mandatory annual subscriptions from county assemblies, parliamentary allocations, and grants.
Strict Qualifications and Single Terms for Leadership
The Bill sets strict minimum academic and professional requirements for the Agency's leadership:
- Chairperson: Must hold a Master's degree in law, humanities, or social sciences, and possess at least 15 years of professional experience (including 10 years in a managerial position).
- Members: Must hold a university degree and have at least 10 years of experience in relevant areas such as law, public administration, or economics.
- Term limits: The chairperson and members will serve full-time for a single, non-renewable term of six years.
Bill No.
Bill No. 12 of 2024
Gazette No.
Supplement No. 54 of 2024
Background
The Intergovernmental Relations (Amendment) Bill, 2024, introduces extensive updates to the Intergovernmental Relations Act (Cap. 265F). The Bill aims to optimize cooperative governance between the national and county levels of government by establishing robust, formalized administrative structures, introducing a unified pension framework for county employees, and laying down clear qualifications for intergovernmental leaders.
Key Amendments
- Transition to the Intergovernmental Relations Agency: All previous roles, powers, and duties of the "Technical Committee" are transitioned to the newly established "Intergovernmental Relations Agency" (Section 3).
- Council Secretariat (Section 23A): Formally establishes a secretariat for the Council of Governors, to be headed by a competitively recruited Chief Executive Officer serving a single, non-renewable term of six years.
- County Assemblies Forum (Section 23F): Formally establishes the forum to facilitate consultation, information sharing, and capacity building among county assemblies.
- Dispute Resolution (Section 17): Amends Section 30 of the Principal Act to make it mandatory for parties in an intergovernmental dispute to formalize their dispute processes through the newly formed Agency.
New Obligations
- County Pension Alignment (Section 22A): County governments are obligated to ensure all employees and staff subscribe to a registered, defined contribution umbrella pension scheme offering a lifetime periodical pension.
- County Funding Contributions (Section 20A & 23H): County governments must pay bi-annual subscription amounts to the Council of Governors, and county assemblies must make annual subscriptions to the County Assemblies Forum.
- Annual Reporting (Section 23J): The County Assemblies Forum is required to submit an annual report to the Senate within three months after the end of each financial year.
Penalties and Enforcement
- Power to Compel (Section 12A): The Agency has the power to compel the production of information or records from any State organ and summon individuals to appear before it during its inquiries. Failure to comply violates the administrative principles of cooperation under Articles 6 and 189 of the Constitution.
Transitional Provisions
- Amendment of Existing Retirement Benefit Laws (Section 22D): Any existing county laws or regulations regarding retirement benefits must be amended to conform to the requirements of this Act within one year of its commencement.
- Transition of Staff (Section 23D): Existing staff serving in the Council at the commencement of the Act will be transitioned to the new Council Secretariat.
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Updates will be visible here once they are approved and applied to this bill.