Transition Bill - 1st August 2011 - Final

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Draft of 1st August, 2011

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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Draft of 1stAugust, 2011


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


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


Number and functionality of plant &

equipment established


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


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


County High Court

County assembly sworn in Aug. 2012

Appointment and

swearing in of

Speaker of County

Assembly

County Assembly &

County Executive &


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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Transition Bill - 1st August 2011 - Final

Documents

Transcript of Transition Bill - 1st August 2011 - Final