THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
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Establishment of the Intergovernmental Relations Agency
The Bill replaces the Intergovernmental Relations Technical Committee with the Intergovernmental Relations Agency. The Agency's chairperson must hold a Master's degree, and its members must have at least ten years of experience in devolved functions. The chairperson and members will serve on a full-time basis for a single non-renewable term of six years.
Compelling Investigative Powers Granted
The newly established Intergovernmental Relations Agency is granted significant statutory powers. It can, on its own motion, gather relevant information, compel the production of records and documents from any State organ, hold inquiries, summon individuals, and issue directions regarding intergovernmental disputes.
Formalization of the County Assemblies Forum
The Bill formally establishes the County Assemblies Forum consisting of all members and speakers of the forty-seven county assemblies. The Forum will serve as an avenue for inter-assembly consultation, dispute resolution, and information sharing, funded through mandatory annual subscriptions paid by County Assemblies.
Expedited Dispute Resolution Timelines
To address delays in settling issues between levels of government, the Bill amends Section 34 of the Principal Act to require the Agency to convene a meeting to resolve a formally declared dispute within seven days, down from the original twenty-one days.
Bill No.
Senate Bills No. 12 of 2024
Gazette No.
Supplement No. 54 of 2024
Sponsor
AARON CHERUIYOT
Background
The Intergovernmental Relations Act (No. 2 of 2012) facilitates cooperation between the National Government and County Governments. This amendment Bill seeks to refine the structures that coordinate these relationships, replacing the existing Technical Committee with a dedicated, full-time Agency, and formalizing horizontal forums like the Council of Governors Secretariat and the County Assemblies Forum to promote efficient governance and dispute resolution.
Key Amendments
- Transition to Intergovernmental Relations Agency: Deletes the definitions of "secretariat" and "technical committee" from Section 2 of the Principal Act and inserts the "Intergovernmental Relations Agency" under Section 11.
- Establishment of the County Assemblies Forum: Establishes a new forum under Section 23E comprising all members and speakers of the forty-seven county assemblies, governed by a National Executive Board.
- Dispute Resolution Speed: Amends Section 34(1) to reduce the timeframe for convening an intergovernmental dispute meeting from twenty-one days to seven days after a dispute is formally declared.
New Obligations
- Agency Qualifications: The chairperson of the Agency must hold a Master's degree from a recognized Kenyan university, while members must hold a degree and have at least ten years of experience in devolution matters.
- Mandatory Funding Subscriptions:
- County governments must pay annual subscriptions to the Council of Governors, with rates determined bi-annually by the Council.
- County assemblies must pay mandatory annual subscriptions to the County Assemblies Forum.
- Secretariat Term Limits: Establishes a competitively recruited Chief Executive Officer for the Council Secretariat who is restricted to a single, non-renewable six-year term. Similarly, the CEO of the Forum Secretariat is appointed for a three-year term, with eligibility for a single reappointment.
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