The County Governments (Amendment) Bill, 2024
Status Timeline
Proposed
Done ยท 17 Sep 2026
Public Review
Active now
Debate
Pending
Executive
Pending
Final
Pending
Three-Year Service Rule for Transfers
Inserts Section 73A into Cap. 265, establishing that county public officers must complete at least three continuous years of service at their current duty station before they can be considered for an inter-county transfer, though Boards retain the discretion to waive this period.
Full Retention of Accrued Benefits
Guarantees that public officers transferring between county public services do not lose any accrued benefits. These protected benefits include:
- Accrued pension in line with relevant pension laws
- Retirement benefits
- Accrued leave days
- Other terms agreed upon by the respective County Public Service Boards
Establishment of a 48-Member Consultative Forum
Creates the County Public Service Boards Consultative Forum under a new Part VIIA (Section 86A). The Forum comprises:
- One representative from each of the 47 County Public Service Boards
- A non-voting, ex-officio Secretary
- A rotational Chairperson and Vice-Chairperson who must be of opposite genders
Strict Standards for the Forum's Secretary
Mandates under Section 86D that the Secretary to the Forum must:
- Hold a degree from a recognized university
- Possess at least ten years of work experience in senior management
- Be an existing employee of the Intergovernmental Relations Technical Committee (IGRTC)
- Meet the ethical requirements of Chapter Six of the Constitution
Bill No.
Senate Bills No. 39
Gazette No.
Supplement No. 140
Sponsor
George Mbugua
Background
Currently, there is no standardized national mechanism allowing county public officers to transfer horizontally between different county governments without risking the loss of their accumulated retirement benefits and pension. This lack of mobility limits the equitable distribution of skills and public service delivery across Kenya's 47 counties. The County Governments (Amendment) Bill, 2024, sponsored by Senator George Mbugua, introduces a formal legislative framework to facilitate inter-county transfers and promote joint consultation among county boards.
Key Amendments
Amendments to the County Governments Act (Cap. 265)
- Section 73A (Inter-County Transfers): Establishes the right of county public officers to apply in writing for a transfer of services to another county, routed through their current authorized officer.
- Part VIIA (Sections 86A to 86L): Introduces the County Public Service Boards Consultative Forum as a statutory platform for joint implementation, coordination, and dispute resolution.
Amendments to the Intergovernmental Relations Act (Cap. 265F)
- Section 12: Integrates the County Public Service Boards Consultative Forum into the intergovernmental administrative architecture.
New Obligations
County Public Service Boards
- Processing Timeline: Boards must review and make recommendations on transfer requests within 21 days of receipt.
- Decision Criteria: When deciding on a transfer, Boards must assess service delivery efficiency, protect the positions of existing officers in the receiving county, and promote the representation of diverse communities, gender balance, and persons with disabilities.
County Public Service Boards Consultative Forum
- Meetings and Administration: The Forum must meet at least once every year on a rotational county basis.
- Reporting: Within four months after the end of each financial year, the Forum is obligated to submit an annual report and a comprehensive plan of action for the subsequent year to the Senate, County Assemblies, and the Council of County Governors.
- Financial Audits: The Forum must maintain proper books of accounts and submit its assets, income, and expenditures to be audited under the Public Audit Act.
Penalties
The Bill does not prescribe criminal offenses or monetary penalties.
Gazettement
The Bill was published in the Kenya Gazette No. 140 dated 15 July 2024.
First Reading
The Bill was read a First Time in the Senate and committed to the Devolution and Intergovernmental Relations Committee.
Committed to Committee
The Standing Committee on Devolution and Intergovernmental Relations tabled its report on the Bill.