The Council Monthly Council of Governors Secretariat Publication

THE COUNCIL MONTHLY COUNCIL OF GOVERNORS SECRETARIAT PUBLICATION

SEPTEMBER 2016 THE INTERGOVERNMENTAL BUDGET AND ECONOMIC COUNCIL (IBEC) MEETING.

By Eunice Fedha n Wednesday 28th Sep- ing will be 5% of the last audited INSIDE THIS ISSUE: tember 2016, the Council County revenue and payable with- O of Governors Chairman, in a year, and repayment terms of Committee Updates 3 H.E Peter Munya, the Chair of the the loans are to be as those of the 4th Annual Devolution 11 Finance Committee of the Council, National Government. Conference H. E Wycliffe Oparanya accompa- County Government Expenditure nied by H.E Prof. Kivutha Kibwana, Devolution Warrior 12 H.E Isaac Ruto, H.E Sospeter Awards Ojaamong, H.E William Kabogo, H.E Devolution Torch 13 Moses Lenolkulal and H.E Alex Tol- gos attended the Intergovernmen- Press Statement 14 tal Budget and Economic Council Hansard Report 16 (IBEC) meeting was hosted by the Vice President H.E William Ruto.

The meeting which was also attended by National Treasury, Cen- @kenyagovernors tral Bank of Kenya(CBK), Office of the Attorney General, Auditor Gen- eral, CRA, SRC, Controller of budget, Ministry of Devolution and Plan- www.cog.go.ke ning, Ministry of Health, IGRTC, Deputy President William Ruto consult- ing with Council of Governors Chair H.E Senate and the National Assembly Peter Munya during the IBEC Meeting. sort to resolve pending issues including; the Short term Borrowing, Ceilings will be implemented sub- Council of Governors– Kenya County Government Expenditure ject to confirmation from the At- ceiling, County Pension, Assets and torney General on the amendment Liabilities Vocational Training and of the PFM act by an annual. IBEC Road Maintenance Fuel Levy, Free is to seek the AG’s interpretation Maternity Issue and IFMIS. on the amendment to Section 107 @council ofgovernors of the PFMA law within a week. County Governments can now ac- Pending this clarification, the Con- cess overdrafts at CBK with guaran- troller of Budget is expected to tee from the National treasury fol- approve allocations to counties @council ofgovernors-Kenya lowing the approval of the borrow- within the legal threshold ing guidelines by IBEC. The borrow-

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Upon passing of the roads bill, the issues of reporting and provision of work plans to the ministry will be resolved. The Kenya Gazette supplement also defined County Roads as roads in Classes D, E, F and G. KRB is required to disburse the Road Maintenance Levy Fund (RMLF) as a Conditional Grant to Excellency Governors during the IBEC Meeting County Governments in accordance with the County Allocation of Revenue Act. provided for under the current to facilitate the expeditious and The Ministry of health reported CARA and parallel exercise to efficient transfer of Assets and that they have redesigned the be done within 30 or 45 days. Liabilities. A gazette notice was free maternal care programme to Furthermore, the legal com- approved by IBEC to allow for LINDA MAMA programme; a mittee of IBEC was tasked to the setting up of County Audit health insurance programme to ensure that regulation 25 is Committees and Inter Agency be implemented by the National amended as soon as possible Committee on Assets and Liabili- Hospital Insurance Fund (NHIF). to remove challenges experi- ties (IACAL) for quality control. The Ministry has already disbursed enced in the implementation IGTRC was tasked to engage the KSHS.898m to Counties in contin- process. existing auditors in the counties ued support for the programme. A mechanism that will guaran- and ensure that the entire pro- This payment comes ahead of the tee the pensions of the County cess should be complete by first quarter of the 2016/2017 Fi- March 2017. Governments employees nancial year and following the which must be anchored by Vocational training centers are a President Uhuru Kenyatta’s di- law was proposed. That the CS devolved function however the rective to cushion the devolved National Treasury is expected National Government to provide units from financial costs associat- to convene a meeting with all conditional grants to the County ed from running the programme stakeholders to finalise on the Governments to support con- at the beginning of the Financial report on pensions. Senate struction and equipping of insti- Year. County Governments are committed to fast track the bill tutions. Capitation for manage- expected to receive pending 1.4 and pass it into law within ment of VTC to be given as con- billion for the Financial Year three months so that the Pen- ditional grant and set aside in 2014/2015 by December for Mater- sion can be anchored on a the National budget to cater for nity Health care. It was agreed scheme that is entrenched by these institutions as envisaged that Council of Governors to sub- law. mit two names (Male and Female) under Article 202(2) of the Con- to the Ministry for the appoint- A general transfer of all assets stitution. The National Govern- ment into the boards of both and liability of local authorities ment was tasked to develop the KEMSA and NHIF respectively. in respective County Govern- curriculum and train the tutors ments and audit of all assets for TIVETs to ensure standards and liability will be undertaken are maintained.

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COMMITTEE UPDATES AGRICULTURE COMMITTEE

THE SIXTH AFRICAN GREEN REVOLUTION FORUM (AGRF)

The Agriculture CEC’s at- Deliberations and panel announced his govern- tended the sixth African discussions were held to ment’s commitment to Green Revolution Forum realize the goals laid out invest US $200 million (AGRF) that was held in in the 2014 Malabo Dec- so at least 150,000 Nairobi County from 5th to laration and United Na- young farmers and 9th September, 2016 which tions Sustainable Devel- young agriculture en- attracted more than 1500 opment Goals. AGRF trepreneurs can gain Vision delegates from 40 coun- 2016 was centered on access to markets, fi- tries. This year’s AGRF several thematic discus- nance and insurance. To have prosperous and democratice summit was hinged on the sions based on the trans- counties delivering campaign slogan ‘’Seize formative agenda aimed The AGRF partners in- services to every the Moment “which was at revolutionizing agri- tend to build on the Kenyan. launched in cognizance of culture. momentum established Mission the progress made by Afri- at AGRF2016 by devel- Benchmark of can states in building a H.E. President Kenyatta oping a work plan that excellence in foundation for agriculture put forth concrete pro- will tie together the devolution that is non- renaissance. posals that included a most important mo- partisan; providing a supporting pillar for call for governments to ments and forums County Government as The AGRF is a multi- refresh multi-year plans of the African agricul- a platform for stakeholder forum for agriculture develop- ture community to se- consultation, information sharing, bringing together a di- ment; a push to mo- cure further commit- capacity building, verse range of influen- bilize a combination of ments to “Seize the performance tial change agents from US $400 billion in public Moment” and ensure management and dispute resolution. across the African agri- and private sector re- progress. This will be culture landscape and sources; and an effort to key to realizing trans- Core Values around the world in- put in place the conti- formative agenda in Professionalism cluding African Heads of nental agricultural trans- the agriculture sector Independence state, global business formation scorecard and sustainability in Equality and Equity Cooperation leaders, ministers, farm- that would measure and agriculture production visionary ers and farmer organiza- track all commitments to and food security in tions. Also present were ensure they trigger ac- tandem with the Sus- business firms, financial tion. H.E. President Ken- tainable Development institutions, civil society yatta stepped forward Goals. groups and scientists, as as one of the first cham- well as international de- pions of the “Seize the velopment and tech- Moment” campaign, nical partners. committing himself to deliver this agenda. He

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URBAN COMMITTEE

AFFORDABLE HOUSING IN COUNTIES

By Anne Mukii of the citizens, officials, local planners and experts. The Kenya SymbioCity programme will also increase the self-confidence of urban stakeholders in the pilot counties and help them discover that solutions to urban development challenges lies with them

The workshop participants were taken through the expected results from the Kenya SymbioCity programme includ- Group Photo of Participants of the SymbioCity Programme Kick– Off Workshop. ing understanding of the seed fund, capacity building opportunities and scope of technical he Kenya SymbioCity societal values and aspirations assistance that will accrue programme held the for future development. The from the programme; the im- T first joint planning thrust of the approach is the plementation arrangement in- workshop for the seven pilot use of a holistic multi sectoral cluding the responsibilities of Counties namely Kitui, Meru, conceptual model that consid- the pilot county and other Nakuru, Kakamega, Trans ers the urban systems, the insti- stakeholders in the county, the Nzoia, Kisumu and Homa Bay tutional dimensions, and sus- pilot coordinator, as well as on the 7th -9th,September tainability elements in formulat- SymbioCity programme, in- 2016 at Boma Inn Hotel, in ing solutions for urban develop- cluding the mechanisms for Eldoret. ment. financial management; and Ap- preciation of the SymbioCity The seven counties were se- The workshop drew inspiration methodology and localizing lected based on their poten- from the application of the the approach to the Kenyan tial to bring about transfor- SymbioCity approach in other context including elaborate mation in accordance with countries, such as in Mazabuka description of activities at each the SymbioCity Methodology in Zambia and Palu-Boras in In- stage, work-plan development, that aims at creating sustain- donesia. activity planning and schedul- able urban areas. The hall- Through the applyication of the ing of mission to the counties mark of this methodology is SymbioCity approach, these by Kenya SymbioCity team its possibility to spur in the municipalities have had positive selected towns, dialogue on transformation of the attitudes

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PROMOTING THE ROLE OF CITIES: AFRICA STRATEGY WORKSHOP By Lenah Mulyungi

.E. John Nyagarama counties; Gained concrete market and offer effective and H.E Amason Kingi knowledge to enable the council management of the growth. H attended the Promot- to guide the implementation of Therefore Countries should ing the role of cities: Africa current and future urban pro- take full advantage of inter- Strategy Workshop 14-16 Sep- grammes, with a strong focus on national conventions and tember 2016 Accra, Ghana. The resilience and climate changes is- platforms such as the up- workshop aimed to provide a sues at the county level implemen- coming Habitat III Confer- general assessment of the po- tation; Requested to become ence in Quito to form part- tential for catalytic change, member of cities alliance to ena- nerships and discuss on solu- which will then be replicated in ble them enjoy full benefits of the tions to urban challenges. other cities in Kenya. The Future network which include sharing of Despite the fact that most Cities alliance strategy is to chal- best practices, funding for urban African countries are yet to lenge the inertia of some Afri- related programmes; Held discus- join the Cities Alliance, they can Governments and develop- sions with a representative from were encouraged to do so ment partners towards rapid the Common wealth association of to help chart a common urban growth and identify initia- local governments and agreed to front to promote an urban tives that would help better hold follow-up discussions on the transformational agenda. manage Africa's urban transi- possibility of the Council of Gover- tion and create climate resilient nors being a member; and Visited Nations are encouraged to cities. The workshop provided a Shmasi informal settlements in give women the opportunity platform for cities Alliance Old Accra town and learned on to negotiate, therefore giv- members and partners to de- some of the best practices that ing them a voice in city ad- bate key issues to inform future can be applied in slums to upgrade ministration and create action in support of cities and the living standards of the dwell- open spaces for the youth urban transition in Africa. ers. rather than branding them as ‘misfits’. The workshop comprised of del- Through the discussions during egations from current Cities Alli- the workshop it was clear that Af- Lastly, County Governments ance Country Programmes in rican countries should increase are encouraged to continue Burkina Faso, Ethiopia, Ghana, investment in cities/urban areas to address corruption and Liberia, Mozambique, Tunisia for the right yields in job creation, commit to be transparent, and Uganda: the research and service delivery and infrastructure competent and promote citi- professional teams engaged in development to support local in- zens to better engage with the future Cities Africa Pro- dustries and the research para- local governments for need- grammes: members of the Afri- digms need to be changed to re- ed development and in- ca Think Tank which the Cities flect the current paradigms with crease the capacity of local Alliance established in 2015 to respect to climate and sustainabil- government to manage ur- provide strategic guidance ; ity. This research should be ad- ban development of cities and a range of invited develop- vanced to understand the dynam- and towns should be ment partners. ics if urbanization and its effects strengthened to ensure pro- on gender and poverty. vision of urban services in a During the workshop the coun- sustainable manner. cil delegation learnt on global Additionally County governments trends in dealing with urban should understand that urban challenges which have been a growth is not a problem but ra- drawback to development in ther an opportunity to tap in the

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NATURAL RESOURCE MANAGEMENT COMMITTEE MARA DAY CELEBRATIONS IN BOMET COUNTY By Emmanuel Ngetuny of Lake Victoria Basin. He called on the President not to assent on Water Bill since it doesn't recognize the role of the Counties in management of inter-county water resources.

Speaking during the same ‘County function, Cabinet Secretary Ministry of Water and Irriga- Governments he Fifth Mara Day aimed at increasing tion, Hon Eugene Wamalwa are committed Celebration was visibility of the region, noted that, as a shared re- to conserve the held at Bomet Sta- its natural resources and T source , the Mara River has Mara basin and dium, on September 15th the impact Mara Ecosys- important significance and 2016.The event alternates tem has on livelihoods therefore the people of the ecosystem’ between Kenya and Tan- and economies of the region have a responsibility zania. sister Countries of the to ensure resources benefit The lake Victoria Basin East African communi- Citizen and generations to Commission secretariat ty. come. He went ahead to coordinates the celebra- The host Governor H.E laud the president for sign- tion that aims to create Isaack Ruto said, the ing the water bill into law. awareness on the im- County Governments Principal Secretary, Water portance of were committed to con- and Irrigation Prof. Segor , The Mara Basin . Speaking serve the Mara basin Narok Governor H.E Tunai during the occasion, and ecosystem as the attended the function Chairman, Council of Gov- river is a regional shared among other dignitaries ernors H.E Peter Munya resource for sustainable from Tanzania and Kenya. noted that economic development the Mara Celebrations are

20th-24th FEB 2017

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WATER FORESTRY AN MINING COMMITTEE

INAUGURAL WATER WEEK CONFERENCE AND EXHIBITION By Emmanuel Ngetuny key public and private sector players to interact and dialogue on water issues in order to enhance business and innovation while matching water sector challenges to solutions. It is anticipated that the conference will immense- ly contribute towards more sustainable and eco- Content nomically viable service Contibutors

delivery towards SDGs. Anne Mukii

The aim of the Confer- Elizabeth he Council of Gov- tee H.E. Benjamin Cheboi, Wambui ernors, Ministry of ence is to provide a net- joined by Water and Irriga- Nkatha Koronya Water and Irriga- working opportunity and T tion Principal Secretary Yvonne Ogwang tion, Water Services Trust Fred Sigor attended a con- global platform for Sus- tainable water solutions Photography Fund, Kenya Water Insti- sultative meeting at Sa- tute (KEWI) and the Kenya in Africa. This requires in- Elizabeth rova Pan Afric Hotel in Wambui Water and Sanitation Civil Nairobi. novative thinking and Society Network strong Public Private Part- (KEWASNET) will host Ken- The Kenya Water Week nerships in order to drive ya’s inaugural Water Week Organizing Secretariat the transformation to- 2016 Conference and Exhi- briefed the Council of Gov- wards efficient and eco- bition to be held on 20th - ernors and the Ministry of nomically viable service 21st November 2016 at Water and Irrigation on delivery within the con- Kenyatta International the expected stakeholders text of green growth. Convention Center (KICC) who will take part in the Governor Cheboi called in Nairobi. event. Government institu- for the clear definition of tions, Water Utilities, Re- roles played by various In the run up to the event search and Academic Insti- actors in the sector for which will facilitate dia- tutions, Private Sector In- effective service delivery. logue and the sharing of stitutions and Non- He said that counties, ideas on how to stimulate Governmental Organiza- should strive to ensure and enhance innovation tions are among those ex- that all water projects are that will fast track devel- pected to attend the con- thoroughly thought opment in the water sec- ference. through to guarantee sus- tor, Chairman Water and tainability. Natural Resource Commit- The Water Conference is seeking to bring together

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EDUCATION COMMITTEE ENERGY COMMITTEE

EARLY CHILDHOOD EDUCATORS DAY ROUNDTABLE BIOGAS ENERGY PROJECT By Nkatha Koronya By Anne Mukii ounty Executive Committee Members in charge of Energy C visited the Nyongara Slaughter house Waste to Energy project that harnesses renewable energy sources including solar therefore waste can be harnessed to produce electrical energy and other useful by-products including organic fertilizer and bio gas. This was as a result of a training orga- H.E. Chepkowny giving the Keynote address during the early childhood nized by UNIDO for CECMs in charge like- minded ECDE institu- Energy which was officiated by the HE hair of the Educa- tions, work together to cre- Jackson Mandago, Chair of Energy tion Committee, ate lasting solutions in order Committee and Governor for Uasin C H.E. Professor Paul to invest in Early Childhood Gishu. Chepkwony gave the key Education Development. note address during the This pilot project was conceived in Early childhood Educators The Kenya Institute of Cur- partnership with UNIDO, UNEP, Kenya Day Roundtable organized riculum Development is Industrial Research and Development by World Vision Kenya mandated by the law to de- Institute (KIRDI) and Dagoretti Envi- where he highlighted the velop an ECDE framework. ronmental Management (DEMA) as a achievements and challeng- Any ECDE framework devel- result of the challenge of waste man- es faced by counties in pro- oped elsewhere has to be agement that was too costly for the vision of the ECDE. approved by KICD. In his ad- four slaughter houses within the com- dress, H.E. Prof Chepkwony plex and pollution of the environment The breakfast meeting urged the county Govern- especially the production of methane whose guiding theme was ments and parents to be ac- and the high cost of electrical energy “Domestic Resource Mobi- tively involved in the devel- that was required for the operations. lization and Accountability opment of the curriculum. The Nyongara Slaughter house Waste for early childhood Educa- Currently, there are consul- to Energy project is a good example of tion in Kenya” was held at tations between the nation- Public Private Partnership model that the Kenya Institute of cur- al government and KICD can be adopted and enhanced by riculum Development that are geared towards en- Counties in developing the energy role (KICD). suring that the primary and which can have many positive benefits pre-primary levels are not The World Vision Kenya, including access to cheaper energy isolated and also to ensure through the inuka Angaza source by communities, organic ferti- seamless transition. Fund, aimed to create part- lizer and contribution to addressing nership opportunities with the challenges of climate change.

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HEALTH COMMITTEE

HARMONIZED COUNTY PERFORMANCE MANAGEMENT FRAMEWORK By Nkatha Koronya Administration, Secretaries to County Public Service Boards, Chief Officers in charge of Finance, Economic Planning and Budgeting, Directors in charge of planning, budgeting and Performance management and Monitoring and Eval- uation Officers. The participants were taken through the eleven pillars of the framework as an ini- tial step towards establishing standards in performance management for county Governments. The participants noted that as pio- he County Government work. The meeting brought neer County Governments, it is im- Act under Section 47(1) together representatives from perative that they set the stand- T provides that the coun- the Performance Contracting ards for future governments and ty executive committee shall Division, Monitoring and Evalu- thereby ensure a smooth transi- design a performance manage- ation Department, County Gov- tion during and after the General ment plan to evaluate perfor- ernment Representatives, De- Elections of 2017. In order to mance of the county public velopment Partners and repre- achieve the above, counties must service and the implementa- sentatives from the private operate from a common under- tion of county policies. In line sector led to development of a standing of performance manage- with this the Council of Gover- harmonized county perfor- ment nors noted fragmented ap- mance management frame- The meeting sought to provide proaches to Performance Man- work. The framework was sub- guidance on Performance Manage- agement at the County Level. sequently presented and ment Framework in all counties by There was a need for a harmo- adopted by the Full Council August 2017. Among the resolu- nized approach to County Per- th Meeting on 15 August 2016. tions of the meeting was the deci- formance Management and Several follow up sensitization sion to form an intergovernmental coordination of all stakehold- meetings were held. team to review the Harmonized ers involved including National County Performance Management Government, development The Council of Governors held Framework and develop new partners and private sector. the sensitization meetings between 8th August to 26th Sep- guidelines as well as review of ex- In this regard, various meet- tember 2016. The meetings tar- isting guidelines for alignment to ings were held to interrogate geted County Secretaries, the framework . the progress that led to the County executives in charge of development of a county per- Finance, County Executives in formance management frame- charge of Public Service and

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HEALTH COMMITTEE

SUSTAINABILITY STRATEGY FOR FAMILY PLANNING COMMODITIES By Nkatha Koronya

Representatives in the meeting agreed that County Governments need to address the challenges facing FP commodities from the planning phase during the development of CIDPs and ADPs which guide the county budgeting process Howev- er, the National Government were also urged to develop important and relevant policies and ensure that these documents are dissemi- nated to counties for implementation. Furthermore it was unani- mously agreed upon that there is n September 22nd Ministry of Health repositioned need to conduct continuous re- Health County Execu- the family Planning Programe search on maternal health matters tives met with the in 2012 following the launch of in order to inform policy. o Ministry of Health and UNFPA FP2020. It was during the same on Family Health Commodities The devolved system of govern- period that the Ministry of ments is here to stay. Recentrali- in the county. Counties face a Health, with support from huge challenge because Coun- zation of Family Planning funds is partners, launched its cost im- not an option therefore these ty Revenue funds are not ring plementation plan for Family fenced thus allocation is de- funds should be ring fenced to ad- Planning 2012-2016. This led to dress the current challenges being pendent on prevailing priori- the creation of a budget line ties over family planning. Fur- faced. for Family planning from below thermore, Counties rely on USD 5 million to over USD 7 In order to ensure the successful partners for service provision million. implementation of the Family Plan- and all donor funds must be ning campaign thus guaranteeing captured in county budgets. However, such government a demographic dividend in Kenya support has dwindled over the Kenya has made commendable thus reducing poverty, dependen- last two to three years, as au- cy and subsequently leading to progress in increasing uptake thority for most health func- of family planning services, economic empowerment.in the tions devolved to County Gov- counties it is imperative that the which is evident in its im- ernments. But at the Inception proved contraceptive preva- donated FP commodities should of Devolution in Kenya there be labelled to prevent leakages to lence rate from 46% to 58%, was lack of appropriate legisla- thereby surpassing its FP2020 the private markets thus leaving tion to ring fence funds to those that desperately need the target of 56% in 2015. The gains county special accounts how- made over the last five years commodities at a disadvantage. ever, a few counties have man- risk being eroded, if the mo- aged to enact these laws and mentum for improvement is several others are in the pro- not sustained. The Govern- cess of developing the legisla- ment of Kenya through the tions.

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4th ANNUAL DEVOLUTION CONFERENCE

October to the 12th of November 2106. Of equal importance to the Devo- lution Conference is the proposed Annual Chil- th he 4 Annual Devo- among others. dren's Conference which lution Conference For the past four years will be a pre-conference 2017 shall be held in T there have been con- to the main conference the Mara National Park, certed efforts to edu- and will be held in Janu- Narok County. This will be cate the public through ary 2017. the 4th and the last Annual word and deed of what @devcon2017 Devolution Conference for The Children's Confer- devolution is & what it the Pioneer Subnational ence is organized to give has achieved. The Coun- Level of Devolved Units the girls and boys of Ken- ty Governments have which were ushered ya an opportunity to tell put in place mecha- through the March 4th 2013 their story of devolution, nisms to address the elections. The girls and boys of Ken- devolution.cog.go.ke concerns that have ac- ya as rights holders will The Clarion call of the 2017 companied the change have an opportunity to Conference is “The Devo- of governance and con- celebrate the successes lution Transformation” tinuously sought to re- of devolution through and the Theme is assure the public that interaction with the duty “Devolution – Transform- devolution is indeed Devolution Conference bearers in the children 2017 ing Lives: Tell Your Story!” working. agenda as we move to The Annual Devolution As a build up to the the next generation of Conference is considered main conference we County Governments. an important event in the will be having the Coun- calendar of Kenya because ty Executives Members it provides a platform Conference which will through which all stake- be held on 1st and 2nd holders in devolution eval- December 2016 in Keri- uate performance of both cho county, and county levels of governments in dialogues in all the matters of policy, law, ac- counties from the 1st of countability, good governance, and service delivery,

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THE DEVOLUTION WARRIOR AWARDS

tion Deadline is 15th December 2016.

uring the first worked hard to ensure devolu- Gala Dinner of tion succeeded and was fully D the 4th and final entrenched both in word and Devolution Conference deed; To document and dis- the Council of Governors, seminate the experiences that will be holding the first contributed to (1) above in or- ever Devolution Warrior der to support efforts for en- Awards ceremony . The hanced knowledge and learn- awards has 9 categories ing; Through the positive sto- Once the Deadline stated elapses a and seeks to recognize ries collected to counterbal- special multi-agency committee the work of individuals ance any negative image of shall be constituted whose mem- and institutions that have devolution and ensure that bership shall be drawn from nation- played a crucial role in en- the everyone understands al, county governments, shared in- suring that Devolution re- that devolution is the ONLY stitutions, civil society and private mained on course in the way to go for Kenya and there sector to pre-select the nominees. period leading to April is no turning back; To pro- The Committee shall then shortlist 2017. mote, protect and safeguard candidates on the basis of the doc- the principles of devolution uments provided and put up the The overall purpose of the and encourage networking to final list of qualified candidates for Devolution Warrior strengthen the commitment public voting. The shortlisted candi- Awards is to recognize the of both levels of government dates will be invited for the Award individuals and institu- to ensure devolution remains Ceremony where the Winners per tions that have promoted, a reality; and To reward the each category will be announced. protected and entrenched successful experiences in inno- devolution by ensure that vations and excellence in the resources are adequately implementation of devolution. provided for implementation of devolved func- The nomination form can be tions. filled and submitted online or downloaded from devolu- The award seeks to recog- tion.cog.go.ke. and the com- nize and reward individu- pleted nomination form als, groups of people and emailed to devolutionwarri- institutions who have [email protected]. The Nomina-

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@devolutionworks THE DEVOLUTION TORCH team that will document on video and photos and disseminate the same that are solving the across social media plat- he Council of challenges of the com- devolution.co.ke Governors forms, radio, TV and print. mon mwananchi and T here is dedicated web- T campaign improving their quality dubbed the Devolu- site which will be updated of life. The symbol for on a daily basis and where tion Torch aims to cel- the torch will be the ebrate and showcase Kenyans can follow the torch of devolution. torch as it makes its way Devolution torch the success stories of devolution, counter across the country. The Devolution Torch The Devolution Torch will negative narratives initiative will docu- driven by opponents be launched in Wajir ment the gains of de- County on 6th October of devolution, encour- volution, safe guarding age inclusion in the 2016, where it will be devolution and foster- housed for 3 days before management of coun- ing inclusion and peace @devolutionworks ty affairs and foster proceeding to Kitui Coun- within and among ty. cohesion among the counties. The Torch various tribes, sub will spend three (3) tribes and clans in days within each coun- Kenya as we approach ty visiting iconic pro- the 2017 electioneer- ject by the county gov- ing period. ernments, interacting with county govern- The Torch will visit all ment officials and resi- the 47 counties in Ken- dents. ya interacting with County leaders, citi- The Devolution Torch zens and witnessing Caravan will consist of a the projects initiated fully-fledged media by the devolved units

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PRESS STATEMENT

26thSEPTEMBER 2016

The Council would like to set the record straight on the following matters;

Frequencies; County Government depart- ments are required by laws to consult interest groups or engage the public on specific matters. For instance, the Public Finance Management Act 2012 establishes the County Budget and Economic Forum which provides business, civil society and labour with a platform to participate in government policy making on financial and planning matters. In order to en- Chairman, Council of Governors, H.E. Peter Munya addresses the media hance participation as the country implements devolution at he Council congratulates sponsible for Swedish develop- county level, there is need for Justice David Maraga for ment cooperation in Kenya and clear mechanisms for engage- the well-deserved nomi- focuses on Institutional development and articulation of com- T ment of Council of Governors; nation as the proposed Chief munity interests and a public Justice. The Council assures Application of the SymbioCity participation policy framework him of total support in uphold- Approach in seven pilot counties to guide the County Govern- ing the rule of Law, thank him namely; Kitui, Kakamega, Trans ment on how to involve the for his continued support to Nzoia, Homabay, Kisumu, Nakuru people in governance. There is devolution and believe that and Meru; Intergovernmental also need to counties to own/ when appointed, he will con- cooperation on urban develop- use the medium for public par- tinue to support devolution ment and; Sharing of experienc- ticipation. It will be very costly es and networking. like his predecessor, Hon Jus- to get air-time from the com- tice Willy Mutunga did. Sweden has been decentralized mercial media houses.

A small group of Excellency for over 100 years and has had a The National Government is re- Governors undertook a six day cordial relationship between the quired by Article 189 of the Con- study visit to the Swedish Asso- central Government and the de- stitution to support counties in ciation of Local Authorities and centralized units, which has been the performance of their func- Regions (SALAR), a sister or- maintained through trust and tions. The decision to deny ganization to the Council of cooperation between the two counties frequencies under- Governors which is partnering levels of government, adherence mines their function on public with the Council in the imple- to agreements made and a par- participation. The County Gov- mentation of the SymbioCity liament committed to safeguard- ernment Act 2012 contains pro- programme. The programme ing the independence of local visions that require counties to which is funded by the Embas- self-rule. use medium of communication sy of Sweden in Kenya, is re- such as radios to engage the

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low the transfer of func- IBEC: public. The suggestion that tions identified under (i) counties use Kenya Broad- There have been negotiations and thereafter make rec- made in IBEC on critical issues casting Cooperation to dis- ommendations on the seminate information is a that affect counties that are sharing of revenue raised never implemented. For in- clever strategy to undermine nationally by the two lev- counties. KBC has not been stance, on the Equalization els of Government; fund, it had been agreed that; restructured to accommo- iii) To make specific recom- date devolution. All that the Cabinet Secretary National mendations to the ADHOC Treasury was to get representa- Counties are asking for it to sub- committee of the be given frequencies. They tives from the County Govern- Summit. ments from the 14 Counties to will set their own infrastruc- The recommendations were be part of the consultation on ture and generate broadcast- supposed to have been facing content in accordance projects that will be funded un- tored in the 2016/17 financial der the Equalization Fund. This with their needs. If a County year’s Division of Revenue and Government establishes a has not materialized. County Allocation of Revenue Continued postponement of County parastatal for broad- Act respectively however this casting, there is nothing the IBEC meeting is major chal- was never effected. The Council lenge with implication in the wrong for the entity to be therefore demands that the rec- allocated frequencies. There- preparation of County budget. ommendations be implemented Considering the upcoming elec- fore, there is a very strong since there was no objection case for County Govern- tions and the fact that by March from any party. 2017 the budgeting cycle should ments to get frequencies for community-based radios to be concluded, the Council of IFMIS: Governors expects the IBEC enable them to undertake Counties are having challenges effective public participation meeting takes place urgently with the IFMIS system at the considering the critical role it as justified above. moment and are not able to plays. transact due to the collapse of Finance; Revenue Sharing the IFMIS infrastructure. For An Inter-Agency Technical H. E. Peter Munya instance Lamu County only ac- Chairman, Council of Governors Committee was established cess the system for only 15min as an ADHOC Sub Committee in a day noting that the approv- of the SUMMIT appointed by als within the structure are 26 the Cabinet Secretary/ steps to make a payment. The National Treasury in February County is therefore not able to 2016 with key objectives be- implement the plans. ing, E-Procurement: i) To analyze the extent An Intergovernmental taskforce of duplication that ex- was established to look into E- ists between the Na- procurement challenges tional and County Gov- which allowed the extension of ernments in their un- auto creation to 30th June 2016, dertaking of both ex- to allow treasury to implement clusive and concurrent some of the recommenda- functions in accordance tions. The Council of Governors with the Fourth Sched- is concerned that task force re- ule of the Constitution; ports and recommendations ii) To identify correspond- have not been implemented by ing budgetary re- the relevant Institutions. sources which will fol-

COUNCIL OF GOVERNORS SECRETARIAT PUBLICA T I O N

HANSARD REPORT SUMMARY —AUGUST 2016

Tuesday, 30th August, 2016

ISSUE/Bill STATUS SUMMARY COMMITTEE

The Election Read the First Time The principal object of this Bill is to Legal Affairs and Laws amend the Elections Act, 2011, the In- dependent Electoral and Boundaries ordered to be (Amendment) Commission Act, 2011, the Political Par- Bill, 2016 referred to the ties Act, 2011, the Supreme Court Act, relevant De- 2011 and the Registration of Persons Act, Cap 106, in order to address con- partmental cerns noted Committee by the Joint Committee on matters relating to the Independent Electoral and Boundaries Commission and the conduct of elections The Election Read the First The Bill seeks to consolidate the Legal Affairs Offences Bill, Time and or- offences relating to elections into one 2016 dered to be Act in order to enhance the admin- referred to the istration of elections and prosecution relevant De- of offences relating to elections. partmental Committee The Finance Bill, Several amendments to the Bill were Finance Committee of

2016 the Whole moved example Amendments to Sec- House tion 35 of Income Tax Act, Cap. 470 to (Question put provide for taxation of rent or premi- and agreed to ums from immovable properties.

Warehouse Re- Various amendments contained in the Agriculture Committee of ceipts System Hansard Reports were moved by the the Whole Bill (National House at the Committee stage House Assembly Bill No. 12 of 2015) (Question put and agreed to)

COUNCIL OF GOVERNORS SECRETARIAT PUBLICA T I O N

Wednesday, 31th August,

ISSUE/Bill STATUS SUMMARY COMMITTEE

The Public Service Read the First Time and or- This Bill seeks to give effect to the Human Re- Commission Bill, dered to be referred to structure, functions and powers of source 2016 the relevant Depart- the Public Service Commission as pro- mental Committee vided for in the Constitution

The Campaign First Time and ordered The principal purpose this Bill is to Gender and So- Against Alcohol to be referred to the amend section 6 of the National Au- cial Service

And Drug Abuse relevant Departmental thority for the Campaign Against Alco-

(Amendment) Committee hol and Drug Abuse Act, Cap. 121B in order to reconstitute the National Au- Bill, 2016 thority for the Campaign Against Al- cohol and Drug Abuse Board in line with the Constitution The Finance Bill, The Bill was accordingly The Bill formulates the proposals an- Finance 2016 read the Third Time and nounced in the Budget for 2016/2017 passed relating to liability to, and collection of taxes and for matters incidental and in doing so it amends various laws. Warehouse Re- The Bill was accordingly The objective of this Bill is to provide Agriculture ceipts System Bill read the Third Time and a legal framework for the develop- (National Assem- passed ment and regulation of a warehouse bly Bill No. 12 of receipt system for agricultural com- 2015) modities to address. Civil Aviation The Bill was accordingly The principal object of this Bill is to Rules and busi- (Amendment) Bill read the Third Time and amend the Civil Aviation Act, 2013 to ness (National Assem- passed address the findings of the Interna- bly Bill No. 14 of tional Civil Aviation Organization audit 2016). (ICAO) and the Federal Aviation Ad- ministration (FAA)

COUNCIL OF GOVERNORS SECRETARIAT PUBLICA T I O N

ISSUE/Bill STATUS SUMMARY COMMITTEE

National Government The Bill was The principal purpose of this Bill is to pro- Finance Constituencies Develop- accordingly vide for the establishment and administra- ment Fund read the Third tion of the National Government Constitu- (Amendment) Bill, Na- Time and encies Development Fund and recognize tional Assembly Bill passed the constituency as a platform for identifi- No.34 of 2016). cation, Election Laws Second Read- This Bill proposes to amend the Election Legal Affairs (Amendment) Bill, Na- ing Act, 2011; the Independent Electoral and tional Assembly Bill Boundaries Commission (IEBC) Act, 2011; No.37 of 2016) the Political Parties Act, 2011; the Supreme Court Act, 2011; and the Registration of Per- sons Act Cap 106

Election Offences Bill, 2016 Second Read- This Bill seeks to provide for offences relat- Legal Affairs ing ed to elections in one Act by bringing to- (Putting of the Question deferred) gether the offences in different legislations

Thursday, 1st September, 2016

ISSUE/Bill STATUS SUMMARY COMMITTEE Election Offences (The Bill was ac- This Bill seeks to provide for offences re- Legal Affairs Bill, 2016 cordingly read lated to elections in one Act by bringing the Third Time together the offences in different legisla- and passed) tions Election Laws The Bill was ac- This Bill proposes to amend the Election Legal Affairs (Amendment) Bill, cordingly read Act, 2011; the Independent Electoral and National Assembly the Third Time Boundaries Commission (IEBC) Act, 2011; Bill No.37 of 2016) and passed) the Political Parties Act, 2011; the Su- preme Court Act, 2011; and the Registra- tion of Persons Act Cap 106

COUNCIL OF GOVERNORS SECRETARIAT PUBLICA T I O N

Tuesday, 20th September 2016

ISSUE/Bill STATUS SUMMARY COMMITTEE

Consideration of Senate (Motion de- Senate Amendment to the Phys- Urban and planning Amendments to Physical ferred) ical Planning Bill (National As- Planning Bill, 2015 sembly Bill No. 46 of 2015) to be considered

RATIFICATION OF THE Approved Pursuant to the provisions of Ar- Finance and eco- ECONOMIC PARTNERSHIP ticle 2(6) of the Constitution and nomic affairs AGREEMENT in accordance with the provisions of Section 8 of the Treaty Making and Ratification Act, 2012, the House approved the ratification of the Economic Part- nership Agreement entered between the Republic of Kenya, as a Partner State of the EAC on the one hand, and the European Un- ion and its Member States on the other hand.

UPCOMING EVENTS MEETING DATE VENUE 4th Annual Devolution Conference 20th-24th February 2017 Narok County COG Open Week 19-23 September 2016 Nairobi County County Dialogues 1st October– 12th November 2016 All Counties Devolution Torch 3rd October 2016—April 2017 All Counties Pre Devolution Conference 1st-2nd December 2016 Kericho County