Report On Consideration Of The Intergovernmental Relations (amendment) Bill, 2024

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

REPORTONTHECONSIDERATIONOFTHEINTERGOVERNMENTAL RELATIONS(AMENDMENT)BILL(SENATEBILLNO.12OF2024)

CLERK'SCHAMBERS DIRECTORATEOFDEPARTMENTALCOMMITTEES PARLIAMENTBUILDINGS NAIROBI

JUNE 2025

Table of Contents

| ANNEXURES.. | ANNEXURES.. | ANNEXURES.. | |--------------------------------------------------------|--------------------------------------------------------|--------------------------------------------------------------------------| | CHAIRPERSON'SFOREWORD. | CHAIRPERSON'SFOREWORD. | CHAIRPERSON'SFOREWORD. | | CHAPTERONE. 6 | CHAPTERONE. 6 | CHAPTERONE. 6 | | 1PREFACE. 6 | 1PREFACE. 6 | 1PREFACE. 6 | | 1.1EstablishmentandMandateoftheCommittee 6 | 1.1EstablishmentandMandateoftheCommittee 6 | 1.1EstablishmentandMandateoftheCommittee 6 | | 1.2Subjectsunder theCommittee. | 1.2Subjectsunder theCommittee. | 1.2Subjectsunder theCommittee. | | 1.3 CommitteeMembership.. | 1.3 CommitteeMembership.. | 1.3 CommitteeMembership.. | | 1.4CommitteeSecretariat. | 1.4CommitteeSecretariat. | 1.4CommitteeSecretariat. | | CHAPTERTWO.. 9 | CHAPTERTWO.. 9 | CHAPTERTWO.. 9 | | 2.1 OVERVIEWOFTHEINTERGOVERNMENTALRELATIONS(AMENDMENT) | 2.1 OVERVIEWOFTHEINTERGOVERNMENTALRELATIONS(AMENDMENT) | 2.1 OVERVIEWOFTHEINTERGOVERNMENTALRELATIONS(AMENDMENT) | | BILL,2024(SENATEBILLNO.12OF2024). | BILL,2024(SENATEBILLNO.12OF2024). | BILL,2024(SENATEBILLNO.12OF2024). | | 3.0 | CONSIDERATIONOFTHEBILLBYTHECOMMITTEE 16 | CONSIDERATIONOFTHEBILLBYTHECOMMITTEE 16 | | 3.1 | 3.1 | CommittaloftheBill .16 | | 3.2 | 3.2 | PublicParticipation on theBill .16 | | 3.2 | 3.2 | Submissions by theIntergovernmental Relations Technical Committee... .16 | | 3.3 | 3.3 | Submissions by the Office of theAttorney General. ...18 | | 3.4 | 3.4 | Submissions by the Council of Governors... ..20 | | 3.5 | 3.5 | SubmissionsbytheSocietyof Clerks-at-the-Table(SOCATT-K) | | 3.7 SubmissionsbytheStateDepartmentforDevolution.. | 3.7 SubmissionsbytheStateDepartmentforDevolution.. | .29 | | CHAPTERFOUR. 36 | CHAPTERFOUR. 36 | CHAPTERFOUR. 36 | | 4.0OBSERVATIONSANDFINDINGS. 36 | 4.0OBSERVATIONSANDFINDINGS. 36 | 4.0OBSERVATIONSANDFINDINGS. 36 | | CHAPTERFIVE. 37 | CHAPTERFIVE. 37 | CHAPTERFIVE. 37 | | 5.0RECOMMENDATIONS 37 | 5.0RECOMMENDATIONS 37 | 5.0RECOMMENDATIONS 37 | | CHAPTERVI. 38 | CHAPTERVI. 38 | CHAPTERVI. 38 |

LISTOFABBREVIATIONSANDACRONYMS

| ASALs | Arid and Semi-arid Lands | |----------|--------------------------------------------------------------| | CAF | County Assemblies Forum | | COG | CouncilofGovernors | | IGRTC | Intergovernmental Relations Technical Committee | | H.E. | His Excellency | | ODM | OrangeDemocraticMovement | | PAA | PamojaAfricanAlliance(PAA) | | PS | PrincipalSecretaryformattersrelatingtoDevolution | | SDD | StateDepartmentforDevolution | | SOCATT-K | Society of Clerks at the Table by Kenyan County Legislatures | | UDA | UnitedDemocraticAlliance | | UDM | UnitedDemocraticMovement |

ANNEXURES

Annexure 1:Report adoptionSchedule

Annexure 2:Minutes

Annexure3:

Copy of the newspaper advertisement on public participation

Annexure 4:Letters from theClerk of theNational Assembly inviting stakeholders for meetings with the Committee

Annexure5:Stakeholdersubmissions

CHAIRPERSON'SFOREWORD

This report contains proceedings of the Departmental Committee on Regional Development on the consideration of the Intergovernmental Relations(Amendment)Bill(Senate Bill No. 12 of2024), sponsored by Sen. Aaron Cheruyiot, MGH, M.P, the Leader of the Majority Party in the Senate. The Bill was first read in the National Assembly on 13th February, 2025 and referred to the Departmental Committee on Regional Development for consideration and reporting to the House, pursuant to Standing Order 127(1).

The principal objective of the Bill is to amend the Intergovernmental Relations Act, Cap.265 to establish a structured framework for intergovernmental relations, change the name of the Intergovernmental Relations Technical Committee (IGRTC)to Intergovernmental Relations Agency and provide for the Council of Governors Secretariat, County Assemblies ForumandtheirSecretariat.

Pursuant to Article 118(1)(b) of the Constitution and Standing Orders 127(3), adverts for request for submission were placed in the "Daily Nation" and the "Standard" newspapers on 18th February, 2025 inviting interested members of the public to submit any representations they may have on the Bill. The Committee received and considered submissions from the ArchitectAlliance.

Further, in considering the Bill the Committee held a total of six (6) meetings to receive and consider submissions from the Office of the Attorney General,the State Department for Devolution,the Council of Governors, the Intergovernmental Relations Technical Committee,the County Assemblies Forum and the Society of Clerks at the Table.

The Committee,having considered the Bill clause by clause and taking into consideration views and recommendations of thestakeholders,made observations andrecommendations contained in section 4.0 and 5.0 of thisReport.

Acknowledgements

The Committee registers its appreciation to the Offices of the Speaker, Office of the Clerk of the National Assembly, Director, Departmental Committees, and the Committee Secretariat for the logistical support extended during the vetting process.

I acknowledge and appreciate the Members of the Committee for their patience, sacrifice, and commitment, which enabled the Committee to effectively undertake its legislative mandate.

On behalf of the Departmental Committee on Regional Development and pursuant to Committee onRegionalDevelopment on the consideration of theIntergovernmental Relations (Amendment) Bill (Senate Bill No. 12 of 2024), sponsored by Sen. Aaron Cheruyiot, MGH, M.P.

HON.PETERLOCHAKAPONG,MP (CHAIRPERSON)

DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

1PREFACE

1.1EstablishmentandMandateoftheCommittee

• 1.The Departmental Committee on Regional Development is one of the Departmental Committeesof theNationalAssemblyestablishedunder StandingOrder 216whose mandatespursuant to theStandingOrder 216(5)are asfollows:
• l. To investigate,inquire into,and report on all matters relating to the mandate,management, activitiesadministration,operationsandestimatesoftheassignedministriesanddepartments;
• ii. To study the programne and policy objectives of ministries and departments and the effectiveness oftheimplementation;
• izi. ona quarterly basis, monitor andreport on the implementation of thenational budget in respect ofitsmandate;
• iv. Tostudy and review alllegislationreferred to it;
• U. To study,assess and analyse therelative success ofthe ministries anddepartments as measuredby theresults obtained ascomparedwith their statedobjectives;
• `22 Toinvestigate andinquireintoall mattersrelating to the assignedministries anddepartments as they maydeem necessary,and as may bereferred to them by theHouse;
• vil. Tovet andreport on all appointmentszehere the Constitution or any law requires theNational
• Assembly to approve, except those under Standing Order 204 (Committee on Appotntments), To examine treaties,agreements andconventions;
• i.c. Tomake reports and recommendations to theHouse as often as possible,including recommendation of proposed legislation;
• C. To consider reports of Commissions and Independent Offices submitted to the House pursuant to theprovisionsofArticle254oftheConstitution;and
• xi. To examine any questions raised by Members on a matter within its mandate.

1.2 Subjectsunder theCommittee

• 2.In accordance with the Second Schedule of the Standing Orders,the Committee is mandatedtooversee:
• (a)Regional development, including regional development authorities;
• (b) Refugee affairs;
• (c) Devolution;
• (e) Arid and semi-arid areas;
• (d) Inclusive growth;
• (±) Disasterrisk management;
• (g) Drought, famine, and disaster response; and
• (h)Post-disaster recovery and rehabilitation.
• 3.In executing its mandate, the Committee oversees the State Department for ASALS and Regional Development, the State Department for Devolution, and the Department of Refugee Affairs.

CHAPTERONE

1.3 Committee Membership

• 4.The Departmental Committee on Regional Development was first constituted by the House onThursday,27th October 2022,and further reconstituted on6thMarch2025,and comprisesofthefollowingMembers:

Chairperson

Hon Lochakapong Peter, M.P. Sigor Constituency

United Democratic Alliance (UDA)

Vice Chairperson

Hon. Paul Abuor, M.P.

Rongo Constituency

OrangeDemocraticMovement(ODM)

Members

| Hon. Sudi Oscar Kipchumba, M.P. Kapseret Constituency | Hon.Mawathe Julius Musili,M.P. Embakasi South Constituency | |---------------------------------------------------------|--------------------------------------------------------------| | United Democratic Alliance (UDA) | WiperDemocraticMovement-Kenya | | Hon. Kalasinga Joseph Majimbo, M.P. | Hon.Nabulindo Peter Oscar, M.P. | | Kabuchai Constituency | Matungu Constituency | | Ford-Kenya Party | OrangeDemocraticMovement(ODM) | | Hon. Munyoro Joseph Kamau, M.P. | Hon. Njeru Pamela Njoki, M.P. | | Kigumo Constituency | Embu CountyWomenRepresentative | | United Democratic Alliance (UDA) | United Democratic Alliance (UDA) | | Hon. Maina Mwago Amos, M.P. | Hon. Abdi Khamis Chome, M.P. | | Starehe Constituency | Voi Constituency | | Jubilee Party | WiperDemocraticMovement-Kenya | | Hon. Tungule Charo Kazungu, M.P. | Hon. CPA Geoffrey Wandeto, M.P. | | Ganze Constituency | Tetu Constituency | | Pamoja African Alliance (PAA) | United Democratic Alliance (UDA) | | Hon. Otucho Mary Emaase, M.P. | Hon.Umul Ker Kassim Sheikh,M.P | | Teso South Constituency | ManderaCountyWomenRepresentative | | United Democratic Alliance (UDA) | UnitedDemocraticMovement(UDM) |

Hon. Basil Robert Ngui, M.P. Yatta Constituency WiperDemocraticMovement-Kenya

1.4CommitteeSecretariat

• 5.TheCommitteeisfacilitatedby thefollowingstaff:

Mr.MohamedBoru

ClerkAssistantI/HeadofSecretariat

Mr.Sisto Macharia

ClerkAssistantIII

| Ms. Agnes Ibara | Mr.Moses Mwariri Legal Counsel II | |---------------------------|-------------------------------------| | HansardReporterII | | | CPA. Cyrille Mutali | Ms.Rose Tabuke | | Fiscal Analyst II | Research OfficerIII | | Ms.MwanashaJuma | Ms.Deborah Mupusi | | AssistantSergeant-at-Arms | MediaRelationsOfficerI | | Mr.Kelvin Lengasi | Mr.Jared Onyancha | | oinny | D.hl: LLI |

CHAPTERTWO

2.1 OVERVIEW OF THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL, 2024 (SENATE BILL NO. 12 OF 2024)

6. .The Intergovernmental Relations (Amendment) Bill, 2024(Senate Bill No. 12 of 2024)is a SenateBill published in theKenya Gazette Supplement No.54 of 2024.The Bill seeks to amend theInter-governmentalRelationsAct Cap.265.TheBillwasforwarded to the National Assembly for consideration pursuant to Article 11o(4) of the Constitution, having been passed by the Senate on Thursday, 5th December, 2024. 7. The principal object of the Bill is to amend the Inter-governmental Relations Act, Cap.265 to establish a structured framework for intergovernmental governmental relations, change the name of theIntergovernmental Relations Technical Committee(IGRTC) to IntergovernmentalRelationsAgencyandprovidefortheCouncilof Governors Secretariat, County Assemblies Forum and its Secretariat. 8. The Inter-governmental Relations Act, Cap.265 is a national legislation which seeks to establish a framework for consultation and co-operation between the national and county governments and amongst county governments. Further, the Act seeks to establish mechanisms for the resolution of intergovernmental disputes pursuant to Articles 6 and 189 of the Constitution. 9. The Bill has seventeen (17) Clauses. Clause 1 of the Bill provides for the short title. 5. 10.Clause 2 of the Bill seeks to amend section 2 ofthe Act to provide for interpretation and definition of terms introduced by the proposed amendment. 11. Clause 3 of the Bill seeks to amend section 11 of the principal Act to change the name of theIntergovernmentalRelations TechnicalCommittee toIntergovernmentalRelations Agency in subclause (1). 7. 12.Further,in sub-clause 3theBill seeks to delete- 8. (a)paragraph(c),toremove thePrincipalSecretary oftheStateDepartmentfor the time being responsible for matters relating to devolution as a member of the Technical Committee; 9. (b) subsection (4), and substituting therefor to provide that a person shall be qualified 10. (i). holds a Master's degree in law, humanities or social sciences from a universityrecognized inKenya; 11. (ii). meets the requirement of ChapterSix of the Constitution; 12. (ili). has a distinguished career in their respective fields; 13. (iv). has at least fifteen years working experience, ten of which should have been in a managerial position.

(d)subsection (5) and substituting therefor to provide for qualification for appointment as a member of the agency. It provides that for a person to be qualified for appointment as member of the agency, such a person -—-

• (b) has knowledge and experience of at least ten years in matters relating to:
• (i) law;
• (ii) public administration;
• (ii) alternative dispute resolution;
• (iv) economics;
• (v) finance;
• (vi) human rights;
• (vii) r management; or
• (vili) social sciences.
• (c) meets the requirements of Chapter Six of the Constitution; and
• (d) has had distinguished career in their respective fields.
• 13.The Bill also providesfor an addition of a new subsection (5A)to provide that the Chairperson and members of the agency shall serve on a full-time basis and shall hold office for a single non-renewable term of sixyears.
• 14.Clause4of theBillseekstoamendsection12of theprincipalAct bydeletingthe imtroductory phrase technical committee and substituting The Bill provides that the Agency shall be responsible for the day to day administration of the Summit and in particular facilitate the activities of the Summit and further implementthedecisionsoftheSummit.TheClausefurtherseekstoprovideforfunctions of the Agency as follows—
• (ca) analyse the resolutions of the Summit with regard to the performance of national and county governments in the provision of services and recommend to the Summit the appropriate promotive, preventive or corrective action where necessary;
• (cb)facilitate dispute resolution between the national government and county governments within the framework provided under this Act;
• (cc) provide technical assistance on emerging issues in the implementation of the transfer of functions as contemplated under Article 187 of the Constitution including unbundling, costing and assignment of functions;
• (cd) provide a platform for exchange of information and coordination of policies between thetwolevels ofgovernment;
• (ce)receive and transmit to theSummit, reports from sectoral forums,joint committees and any otherintergovernmental structures or mechanisms established under this Act;
• (cf)establish and maintain a repository of information and knowledge on intergovernmental matters;

• (cg)coordinate the development of a standardized costing framework for the transferred functions in line with Article 187 of the Constitution;
• (ch) witness the execution of all relevant legal instruments pertaining to the transfer of functions;
• (ci) provide a repository for the legal instruments for transfer of functions; and
• (cj) undertake research on intergovernmental matters.
• 15.Clause5oftheBillprovidesfor aninsertion of a new section12Atoprovidefor powers of the agency. It provides that the agency shall have all powers to—
• (a) gather, by all means it considers appropriate, any relevant information including the requisition of reports,documents or any such information from any source, including any State organ and to compel the production of such information whereitconsidersnecessary;
• (b) hold inquiries for purposes of performing its functions under the Act;
• (c) take any measures it considers necessary to ensure compliance with the principles of cooperation between the national and county governments as set out in Articles 6 and 189 of the Constitution;
• (d) issue directions with respect to intergovernmental disputes under the Act; and under this Act.

16. In addition, the Bill provides that in exercising its powers and discharge of its functions, the agency is in not bound by the strict rules of evidence and may receive oral or written statements. 17. Clause 6 of the Bill seeks to amend section 13 ofthe principal Act to change the name of the Intergovernmental Relations Technical Committee toIntergovernmental Relations Agency. The Bill also provides for an addition ofa new subsection (1) to provide that the Council of Governors may establish and convene sector forums on sectoral issues of common interests among county governments. 18. Clause 7 of the Bill seeks to amend section 14 of the principal Act to change the name of theIntergovernmentalRelationsTechnical Committee toIntergovernmentalRelations Agency. It further proposes to amend paragraph (a) of the principal Act by deleting the word "Council" and substituting therefor the word "Parliament".Further,the Bill proposes the deletion of the words "and to the Council" appearing in paragraph (b). 19. Clause 8 of the Bill seeks to amend section 15(1), (2) and (5) to change the name of the IntergovernmentalRelationsTechnicalCommitteetoIntergovernmentalRelations Agency. The Bill further deletes subclause (4)(b) and substitutes the same with a new day administration of the affairs of the secretariat and implementation of the decisions of the Summit.

20. Clause 9 of the Bill provides for an amendment of section 16 of the principal Act by deleting the words "Technical committee" appearing before the words "office by the" and substituting therefor the word "Agency" 21. Clause 10 of the Bill provides for deletion of section 17 of the principal Act and substituting therefor with a new section. The new section provides that the Agency my employ staff as are necessaryfor the proper discharge of thefunctions ofthe Agency under the Act. 22. Clause 11 of the Bill provides for an amendment of section 18 of the principal Act to change the name of the Intergovernmental Relations Technical Committee to Intergovernmental Relations Agency' 23. Clause 12 of the Bill amends section 20(1) of the principal Act to provide for additional functions ofthe Council. The Bill provides that the Council shall among other functions: 5. (a)coordinate the appointment of Trustees toSchemes upon receipt of nomination by relevant stakeholders and appoint independent trustees in accordance with the RetirementBenefitAct; 6. (b) perform such other coordination functions as may be necessary for the efficient functioning of the schemes and; 7. ensure therespective counties perform their responsibilities as sponsors of the scheme effectivelyforthebestinterest oftheir employees and in accordancewith

theRetirementBenefitAct.

• 24.Clause 13of theBillprovidesfor an additional ofa new section 20A immediately after section 20 of the principal Act to provide for the funding of the Council. The Bill provides that the funds ofthe Council shall consist of-
• a) 1)annual subscriptionsbycountygovernments;
• (b) r monies allocated annually by Parliament for purposes of the Council; and
• (c) such monies as may be lawfully granted or donated to the Council.

25. The Bill further requires that the Council shall determine bi-annually the amounts to be paid by county governments as subscriptions.

• 26.Clause 14 of the Bill provides for an insertion of a new sections 22A,22B, 22C and 22D immediately after section 22 of the principal Act. These new sections provide for establishment of a pension scheme, trustees of the scheme, portability of benefits and amendmentof existinglaws andregulations.Thenewsections require that employees and staff of a county government shall subscribe to an existing pension scheme for officers and staff of the county governments under the Act which shall be one established under irrevocable trusts or under regulations made under section 19D and registered under RetirementBenefitsActpriorto the commencementoftheAct.

27. The Bill further requires that the Scheme shall be administered by an administrator appointed by a Board of Trustees which shall be a body corporate registered as under the Trustees (Perpetual) Succession Act Cap. 167.

28. Clause 15 of the Bill seeks to provide for the following new additional sections immediately after section 23— 29. 23A which establishes the Secretariat of the Council. The Bill provides that there shall be a secretariattothe Council shall beheadedby a Chief Executive Officer whoshall be competitively recruited and appointed by the Council. The Bill further provides that for a person to be qualified as chief executive officer, he or she shall— 3. (a) holds a degree from a university recognised in Kenya; 4. (c) has demonstrable competence in administration of not less than five years; and 5. (b) has at least ten years relevant professional experience; 6. s(p) satisfies the requirements of leadership and integrity provided under Chapter Six ofthe Constitution. 7. 30.In addition,the Bill provides that a chief executive officer shall be 8. (a)the accounting officer ofthe secretariat; 9. (b) secretary to the Council and responsible to the Council for the day to day administration ofthe affairs of theSecretariat; 10. (c)be responsible for implementation of the decision ofthe Council; 11. (d) the organization control and management of staff of the Secretariat; 12. e maintaining accurate records on financial matters and resource use; 13. the operational expenses; 14. (g) and performing any other duty as maybe assigned by the Council. 15. (h) shall be appointed for a single term of six years and shall not be eligible for reappointment. 16. 31.Clause 23B providesfor the removal of ChiefExecutiveOfficer.It provides that the Chief Executive officer maybe removed from offices by the Council in accordance with the terms and conditions of service for- 17. (a)inability to perform the functions of the office arising out of physical or mental incapacity; 18. (b)gross misconduct or misbehaviour; 19. (c)incompetence or negligence of duty; or 20. (d)any other ground that would justify removal from office under the terms and conditions of service. 32. Clause 23C provides that the Council may employ staff as are necessary for the proper discharge ofits functions. 22. 33.Clause 23Dprovidesfor transition clause that the staff serving in the Council shall at the commencementof thisActbedeemed tobestaffoftheCouncil. 23. 34.Clause23Eprovidesforremunerationofstaff.It requires that theChiefExecutive Officer and staff of the Secretariat shall be paid such salaries,benefits and allowances as may be determined by the Council,in consultation with the Salaries and Remuneration Commission. 24. 35.Clause23FoftheBill providesfor establishmentofCountyAssemblyForum.Itprovides that the County Assemblies Forum shall consistofthemembers ofthe CountyAssemblies

and speakers of the fourty-seven county assemblies. The Bill further provides shall be managed by a National ExecutiveBoard which shall consist of-

• (a)a chairperson who shall be a speaker of a County assembly;
• (b) a vice-chairperson;
• (c) Secretary-General who shall be a member of the County Assembly; and
• (d) Six other members from amongst its members.
• 36.TheBill further provides that members of the county assemblies shall have at least 5 membersintheNationalExecutiveBoard andthatnocountyshallhavemore than two members.
• 37.Clause23G.provides that theForumshall be an avenuefor
• (a) consultation amongst county assemblies,
• (b) sharing of information of the performance of county assemblies,
• (c) facilitating dispute resolution within county assemblies;
• (d) considering matters of common interest to county assemblies;
• (e) facilitating capacity building for members for the forum;
• (f) representing County Assemblies in all engagements with Intergovernmental Forums;and
• (g) considering reports from other intergovernmental forums on matters affecting CountyGovernments
• 38.Clause\_23H.provides\_ that the funds of the Forum shall consist of the mandatory subscriptions by county assemblies,monies allocated annually by Parliament for purposes of the Forum and such monies as may be lawfully granted or donated to the Forum. The Bill further provides that the Board shall determine bi-annually the amounts to be paid by county assemblies.

39. Clause 23I provides that the Forum shall meet once a year and shall prescribe its own procedures. 40. Clause 23J provides for reporting by the Forum. It provides that the Forum shall submit annual report to the Senate and that the report shall be transmitted to county assemblies withinthreemonthsaftertheendofeveryfinancialyear.

• 41.Clause23Kprovidesfor establishmentof a secretariat of theForum.Itprovides that thereisestablished asecretariatoftheForumwhichshall beheadedbytheChiefexecutive Officer. The Bill further provides that the chief executive officer shall be recruited competitivelybytheNational ExecutiveBoard and thatfor a person toberecruited as a chiefexecutive officer suchperson-
• (a) holds a degree from a university recognized in Kenya;
• (b) has at least ten years relevant professional experience;
• (c) has demonstrable competence in administration of not less than five years; and
• (d) satisfies the requirements of leadership and integrity provided under Chapter Six oftheConstitution.
• 42.In addition, the Bill provides that a chief executive officer shall be

• (a) the accounting officer to the Forum,
• (b) secretary to the Forum; and
• (c) responsible to the Forum for the day to day administration of the affairs of the Secretariat.
• (d) the implementation of the decision of the Forum;
• (e)establishment and developmentofan efficient administration oftheSecretariat;
• (f) the organization, control and management of staff of the Secretariat,
• (g) maintaining accurate records on financial matters and resource use;
• (h) ensuring the preparation and approval of the budget for the required funding of the operational expenses;
• three years and shall be eligible for re-appointment for one final term.
• 44.Clause 23L provides for the removal of Chief Executive Officer. It provides that the Chief Executive officer maybe removed from offices by the National Executive Board in accordancewiththetermsandconditionsofservicefor—
• (a) inability to perform the functions of the office arising out of physical or mental incapacity;
• (b) gross misconduct or misbehaviour;
• (c) incompetence or negligence of duty; or
• (d) any other ground that would justify removal from office under the terms and conditionsofservice.

45. Clause 23M. provides that the Forum may employ staff as are necessary for the proper discharge ofits functions.

• 46.Clause23Eprovidesforremunerationofstaff.ItprovidesthattheChiefExecutiveOfficer andstaff of the Secretariat shall bepaid such salaries,benefits and allowances as may be determinedbytheNationalExecutiveBoard,inconsultationwiththeSalariesand Remuneration Commission.

47. Clause 16 of the Bill provides for an amendment of section 26(4) of the principal Act by inserting the words"and the Senate" after the words"The National Assembly"to provide that the Senate shall be notified of the decision to transfer a national government power, function or competency. Further the Bill seeks to amend subsection (5) to delete the words "A county Assembly" which appears at the beginning of the subsection and substituting the words"The Senate and the respective county assembly" 48. Clause 17 of the Bill provides that it seeks to amend section 30 of the principal Act by deleting the word "may" appearing after the words "party to the dispute" and substituting therefor the word "shall".This clause further seeks to delete the words"Summit,the Council"and substituting therefore the word"Agency"in subsection (2).

CHAPTERTHREE

3.0CONSIDERATIONOFTHEBILLBYTHECOMMITTEE

3.1 CommittaloftheBill

49. TheIntergovernmental Relations (Amendment)Bill(Senate Bill No.12 of 2024),was read a First time in the National Assembly on 13th February, 2025 and referred to the Departmental Committee on Regional Development tofacilitate public participation on the Bill through an appropriate mechanism, including 2. (a) invitingsubmissionofmemoranda; 3. (b) holding public hearings; 4. (c) consultingrelevant stakeholdersin a sector; and 5. (d) consulting experts on technical subjects.

3.2 Public Participation on the Bill

50. Pursuant to Article 118(1) (b) of the Constitution and Standing Orders 127(3), adverts for request for submission were placed in the"Daily Nation"and the "Standard" newspapers on 19th February, 2025 inviting members of the public to submit memoranda on the Bill. The Committee received and considered written submissions from the Architect Alliance.

51.Further,in consideringtheBill the Committeeheld a total of seven(7)meetings toreceive

• andconsidersubmissionsfrom theOfficeoftheAttorneyGeneral,theStateDepartment for Devolution, the Council of Governors, the Intergovernmental Relations Technical Committee,the CountyAssembliesForum and theSocietyof Clerks attheTable.

3.2 Submissions by the Intergovernmental Relations Technical Committee

Dr. Kipkurui Chepkwony, the Chief Executive Officer of the Intergovernmental Relations Technical Committee appeared before the Committee on 2oth March, 2025.

52. The Committee was informed that the Intergovernmental Relations Technical Committee(IGRTC)is established underSection 11 of theIntergovernmentalRelations Act, 2012,as an intergovernmental structure whose objectives include inter alia,to 53. The functions of the Technical Committee are provided for in Sections 12, 13 and 33 of the Act.As a neutral entity,IGRTC is responsible for theprovision of technical advice and assistance to the two levels of government, with a view to enhancing the attainment of the objects and principles of devolution as envisaged in Articles 174 and 175 of the Constitution.IGRTC submitted thatit supports theBill andproposed the following amendment— 3. instancesintheAmendmentBill.

• (ii)The functions of the Technical Committee are amended to provide a direct linkage between the functions of the Summit and the Agency, as its secretariat.
• (ii)The Bill provides powers to support the mandate of the Agency, particularly inrelation to disputeresolution.
• (iv)TheBill provides additional functionsfor the Council of Governors
• (v)TheBill providesfor the establishment of a pensions scheme for officers and staff of county governments in new sections 22A-22E
• (vi)The Secretariat of the Council is established as provided in new sections 23A -23D
• (vii) The Bill establishes the County Assemblies Forum as provided in sections 23E -23M

54. The Intergovernmental Relations Technical Committee further proposed the following amendments totheBill—

55. Clause 6

AmendClause6of theBill seeksandinsertthefollowingnewparagraphsinsubsection (1A)—

• (a)TheAgencymay establish andconveneintergovernmental sector forums on sectoralissues of commoninterest to thenational and countygovernments;
• (b)TheCouncilof Governorsmayestablish andconvenesector forums on sectoral issues ofcommoninterests amongst county governments;
• (c) Nothing in this section may be construed as precluding a Cabinet Secretary or the Council of Governors from convening consultative on sectoral issues of common interests to the national and county governments provided that it shall be donein consultationwith theAgency.

Justification: This proposal provides clarity and synergy in the establishment and conveningsectorforums.

Committee's Observation

The Committee observed that Clause 6 of the Bill already provides that the Council may establish or convene sector forums to address sectoral issues for common interest among the county governments. The Committee further observed that Section 13 ofthe principal Actprovides thattheTechnicalCommitteemayestablishsectoralforums orcommittees for better carrying out ofits functions.Further,section 20(3)ofthe principal Act provides that the Council may establish sectoral working groups or committees for the better carrying out of its functions.The Committee therefore observed that the proposed amendmentis alreadyprovided under theexistinglegalframework.

56.Clause15

Deletethenewsection22Athatestablishespensionschemesforcountygovernments' employees.It should beundertherelevantlegislation.

Committee'sObservation.

The Committee observed that there isnolegal frameworkwhich establishes pension arrangements for county governments employees. The Committee further observed that pension for county employees is an intergovernmental issue as it transcends to all county governments as employers, and as such, the amendment in the Bill will provide a general frameworkwhichwill ensurethatthepensionschemeforcountygovernment employees is properly anchored under the law.

57.Clause17

Clause 17 of the Bill seeks to amend section 30 of the principal Act. IGRTC proposes that theprovision in theBill be deleted to statethatthe amendment is tosection33(2)ofthe Principal Act and not section 30 of the Act.

Justification: To provide for dispute resolution amongst county governments and align the amendmenttothepropersectionoftheAct.

Committee'sObservation

TheCommitteeagreeswiththeopinionof thestakeholder.

58.TransitionCiause

Provide a Transition Clause for the Chairperson, Members and Staff of the Intergovernmental Relations Committee.

Committee'sObservation

The Committee noted that the proposed amendment does not repeal or alter the legal status of thestakeholder.TheCommittee thereforeobserved that employees of the stakeholder will continue toservein accordancewith the existing legalframework,as the amendment does not affect their employment status.

3.3Submissionsby theOfficeof theAttorneyGeneral

59. The Office of the Attorney General's representative informed the Committee that they had reviewed the Bill in light of the Constitution and relevant existing legislation. 60. The Office of the Attorney General further informed the Committee that the State Department for Devolution had developed an Intergovernmental Relations Bill, 2024, which was finalised and submitted to the Office of the Deputy President on 17th April 2024. The Bill comprehensively reviews various provisions of the Intergovernmental Relations Act to strengthen the roles of the intergovernmental structures under the Act. 61. The office submitted that the proposals concerning the re-establishment of the Intergovernmental Relations Technical Committee as the Intergovernmental Relations

Agency,alongwith relatedprovisions onits renaming,are contained in theBill currently before Cabinet.

• 62.Additionally,proposals regarding the establishment ofa Council ofGovernorsSecretariat arealsoincludedinthesameBill.

63. The Office of the Attorney General further informed the Committee that the State Department for Devolution may be well-placed to provide policy guidance on the proposed Bill. To build on the proposals made in the draft Bill, the Office of the Attorney General proposed the following amendments— 64. Clause 10 of the Bill empowers the Agency to employ staff as are necessary for the proper disharge ofits functions under this Act.However,Article 232 of the Constitution,read together with section33of thePublicService Commission Act,empowers thePublic Service Commission to establish and appoint persons to public offices. In the opinion of the Attorney General's Office, the provision should be revised to reflect this role played bythePublicServiceCommission.

Committee'sObservation.

The Committee noted that Section 17 of the Act already provides that the Summit and the Technical Committee may employ such officers and staff as are necessary for the proper discharge of their functions under the Act. The Committeefurther noted that the Agency is established as a neutral entity mandated to offer technical advice and assistance to both levels of government. The Committee therefore observed that introducing ga undermining its neutrality and creating suspicion among county governments.

65. Clause 13 of the Bill, which inserts a section 20A, provides that the Council shall determined biannualy, the amounts to be paid by county governments as subscriptions. However, theprovision asdrafteddoesnotincludeorrefer tothePublicFinanceManagementAct (Cap. 412A) or the County Governments Act (Cap.265), which guides on the manner in which the finances of County Governments shall be estimated, committed, and managed. In their view, the provision should be revised to include a reference to the Public Finance Management Act (Cap. 412 A).

Committee's Observation.

The Committed observed that the Bill provides for a funding mechanism to the Council which aligns with the provisions of Article 95(4)(b) of the Constitution. The Committee further observed that the provision also aligns with the best practice in drafting legislation.

• 66.Clause 15proposes theintroduction of section 23F on the County Assemblies Forum, consistingofall themembersoftheCountyAssembliesandspeakersoftheforty-sevencounty assemblies. The Committee was informed of the need for policy guidance from the State DepartmentforDevolution on this establishment and composition.

• 67.Additionally, the Bill establishes a National Executive Board to manage the Forum, but it is unclear on the modalities of how they are onboarded into the membership, that is, whether by election or appointment, or by which other appropriate method.

Committee'sObservation

The Committee adopted the proposal and recommended an amendment to the Bill providingthatmembersof theNationalExecutiveBoard shall beelected by themembers oftheForum

68. The Bill omits essential provisions regarding how the operational expenses of the Council Secretariat will be funded.In their view,theBill should include provisions outlining the fundingmechanismfortheSecretariat. 2. 69.In conclusion, the Office of the Attorney General noted that the Bill does not raise any constitutional issues and maybe reviewed toaddress the above-mentioned legal and drafting issuesbefore final consideration of theBill.Further,the Committee was advised to seek views from the relevant Ministry to harmonize the two draft Bills.

3.4SubmissionsbytheCouncilofGovernors

70. The Vice Chairperson of the Council of Governors, Gov. Mutahi Kahiga accompanied by the Council Whip, Gov. Stephen Sang and the Chief Executive Officer, Ms. Mary Mwiti appearedbeforetheCommittee and submitted that: 2. The amendments-by-the Senate-to-the Bill others anchor the Council Secretariat in law, provide for funding of the Secretariat and provide a transitional clause to allow staff currently serving in the Secretariat to be deemed to be the staff thereof under the proposed section 23C. 72. The proposed sections 22A - 22E and Section 20 (1) (i) - (k) seek to provide for subscription of the employees and staff of county governments to an existing pension scheme and to expand the functions of the Councilto include coordination of the functioning of these schemes. 73. He noted that these provisions go against the purpose of the Intergovernmental Relations Act, Cap.265F,which is to establish a framework for consultation and co-operation between the national and county governments and amongst county governments; and to establish mechanisms for the resolution ofintergovernmental disputes. 74. The whip of the Council, H.E. Stephen Sang, also presented before the Committee, echoing the Council's proposed amendments to the Bill and further highlighting the following key points; 75. Inclusion of the pension schemes in the Bill was misplaced since this ought to be in a separatelegislationrelated to matters pension. 76. TheIntergovernmental Relations Technical Committee (IGRTC) was conceptualized to be the Secretariat for the Council.However,this has never been the case,forcing the Council tohaveitsownSecretariatin order tobe able tohandledisputesbetweenthetwo levels of government structurally.

77. The need to financially support the Council Secretariat from the Exchequer necessitated the need to anchor it in law. The Secretariat being responsible for coordinating the functioning and the running of the Council, in addition to liaising with the donors and development partners on behalf of the counties, i.e., centrality of the role. The Agency is needed to coordinate theimplementationof decisionsof theSummit.Theproposed amendments reflect theresolutions of the County Governments,the Council,and the Summit. 2. 78.TheViceChairperson-COGfurther briefed theCommittee on the Councilof Governors' proposed amendments on the Intergovernmental Relations (Amendment) Bill, 2024,as follows:

79.Clause 2

The Council proposed the deletion of the following definitions in the Bill.

"Administrator" has the meaning assigned to it under the Retirement Benefits Act;

"existingscheme"means a retirementbenefitpensionschemewhich existed prior to the setting up of county governments and meets the criteria stipulated under Section22AofthisAct;

"liabilities" means pension debts owing to a retirement benefit scheme as a result interests orpenaltiesandprofits;

"PensionScheme"means a retirement benefit schemefor thepayment of regular or periodical payments of benefits to the members or employees when theyleave employmentortothedependantsofmembersoremployeeson thedeathofthose employees;

"Umbrella Scheme" means a retirement benefits scheme grouping with members employed by several employers, in which employees and employer's contributions are paid into the fund established for that purpose;

Scheme rules"means regulations made under section 22Dproviding for establishment of a pension scheme for county government employees and related purposes;

"Trustees" means the trustees of the Scheme;

Justification: The amendments ought to be in a different legislation providing for retirements benefits of county governments employees.

Committee's Observations.

TheCommitteenoteditsobservationonasimilaramendmentabove.Inrespecttothe proposed amendment, the Committee observed that there is no proper legal framework which establishes a pension arrangement for county governments employees. The Committee further observed that pension for county employees is an intergovernmental issue as it transcends to all county governments as employers, and as such, the amendment in the Bill will provide a general framework which will ensure that the pension scheme for county government employees is properly anchored under the law.Further,the Committee observed that theCounty GovernmentsRetirementScheme Act,2019 was declared unconstitutional by theHigh Court in Okoiti 11 others v County GovernmentsRetirementScheme164others.

80. Clause 3

The Council proposed an amendment to Clause 3 to provide that the Chairperson of the Agency should be a seasoned lawyerwithproven trackrecord and specificqualifications in alternative dispute resolutions methods such as mediation and arbitration. The Council proposed that—

• (a) the person holds a law degree from recognised university, or is an advocate of the High Court of Kenya, or possess an equivalent qualification in common law jurisdiction.

Justification: To advise the summit on legal matters and resolving complex intergovernmental disputesthus the Chairperson must be a seasoned lawyer with a proven track record and specific qualifications in alternative dispute resolution methods such asmediation andarbitration.

Committee'sobservations.

The Committee observed that while the requirement for the Chairperson to be a seasoned lawyer with specific qualifications in ADR is well-intentioned, the proposal may unduly narrow the pool of qualified candidates to be Chairperson of the Intergovernmental RelationsTechnical Committee.The Committee therefore concluded that the mandate of the Technical Committee in advising the Summit and resolving intergovernmental disputes could equally benefit from broader leadership competencies in other fields.

81.Clause 4

The Council proposed an amendment to Clause 4 of the Bill by deleting paragraph (cd) of the Bill.The Council further proposed theinclusion of a newparagraph(ck)as follows

• (i) delete the proposed paragraph (ca) and substitute therefor the following paragraph-

(ca)"advise the Summit on all matters ofintergovernmentalrelations between the national and county governments"

• (ii)insert a new paragraph (ck) as follows-

(ck)"perform any other function as maybe conferred on it by the Summit under this Act or any other legislation.

• (ii) delete paragraph (cd) in the clause.

Justification: To provide clarity on the functions of the Agency as an institution responsible to the Summit as well as performing any other function as may be conferred on it by the Summit.Further, the clause(cd)is an overreach as development of policies is a function of therelevantMinistry in consultation withthe relevant stakeholders.

Committee's observation

The Committee noted that the Bill provides that the agency shall act as a platform for providing exchange of information and coordination of policies, and not the formulation of policies as submitted by the Council.Formulation of policiesis within thepurview of the relevant Ministries.Further,the Committee noted that section 12(d)of the Act provides that the Technical Committee may perform any other function as may be conferred onit by theSummit,theAct or any otherlegislation.The Committee therefore observed that the proposed paragraph (ck) is already provided in the Act.

82.Clause 5

Amend clause 5 of the principal Act by deleting the proposed paragraph 12A (1)(e) in its entirety.

Justification: Considering that the agency performs the day-to-day administration of the Summit whose membership is provided under section 7 of the Act, it is not ideal for it to possess powers to summon its principals who are the president and the governors.

Committee'sObservation

The Committee agreed with the proposal and noted that the power to summon is generally reserved for judicial or quasi-judicial bodies established under a constitutional provision or a specific Act of Parliament. The Committee therefore observed that granting suchpowerstotheagencywouldrepresent anoverreachofitsmandate andanextension of authority beyond what is currently provided for in law.

83.Clause6

Delete Clause 6 (i) of theBill in its entirety.

Justification: The insertion is unnecessary since 20(2) and (3) provides that the Council of Governors shall have powers to establish other intergovernmental forums including inter-city and municipality forums; and may also establish sectoral working groups or committees for the better carrying out of its function.

Committee'sObservation

The Committee agreed with the proposal and noted that section 20 (1)(c) of the principal Act provides that the Council shall provide a forum for consideringmatters of common interest to county governments. Further, the Committee noted that subsections (2) and (3)of theActgives theCouncil thepower to establish otherintergovernmental forums including inter-city and municipality forums and sectoral working groups or committees for the better carrying out of its function.

84.Clause 12

Delete Clause 12 of the Bill in its entirety.

Justification: The provision relating to pension schemes ought to be in a different legislation providing for county governments employees such as the County GovernmentsRetirement Scheme Act Cap.189B.

Committee'sObservation

The Committee noted its observation in Clause 2 above on a similar amendment.The Committee observed that the County Governments Retirement Scheme Act,Cap.189B was declared unconstitutional by the High Court in Okoiti & 11 others v County GovernmentsRetirementScheme164others andassuch the amendmentintheBillwill provide a general framework which will ensure that the pension scheme for county government employees is properly anchored in the law.

85.Clause14

Delete clause 14 of the Bill in its entirety. The Clause seeks to introduce new sections 22A -22E in the Act.

Justification: The provision relating to pension schemes ought to be in a different legislation providing for county governments employees such as the County GovernmentsRetirementSchemeActCap.189B.

Committee'sObservation

TheCommitteenoteditsobservationinClause2and12aboveonasimilaramendment.

86.Clause 17

Delete Clause 17 of the Bill in its entirety. Clause 17 amends section 30 of the principal Act by deleting the word "may" appearing after the words "party to dispute" and substituting therefor the word "shall". Further, it proposes to delete the word "Summit" "the Council"and substituting therefor the word"agency"

Justification: The proposal is inconsistent with Article 189(3) which requires that any dispute between governments including the county governments, the governments shall make every reasonable effort to settle the disputes,including the means of procedure providedunderlegislation.

Committee'sObservations

The Committee agreed with the proposed amendment in Clause 17(a). In respect to the amendment,the Committee noted that Article 189(3)of the Constitution requires intergovernmental disputes to be settled in a structured manner which includes making every reasonable effortto settle disputes,including by means of procedures provided under national legislation.The Committee therefore observed that the use of theword "shall" in Clause 17(a) introduces a mandatory requirement for parties to refer disputes to the Agency. This approach appears to conflict with Article 6 of the Constitution, which emphasises consultation and cooperation between the two levels of government. The Committeefurther noted thatit should bethe discretion of theparty to the dispute to submit to other avenues as thelaw so established.

3.6.Furtheramendmentsto theActbytheCouncil.

87. Amendment to section 12 of the principal Act

Delete section 12(1)(c) of the principal Act which provides that the Technical Committee may convene a meeting ofthe forty-seven County Secretaries within thirty days preceding every Summit meeting.

Justification: The role of theIntergovernmental Relation Agency as proposed will not require the Agency to directly convene the County Secretaries as this is a function that reliedontheirrole as asecretariattheCouncil.

Committee'sObservation.

The Committee noted that section 12 (c) ofthe Act provides that the Technical Committee may convene meetings of County Secretaries before every Summit meeting, since the Technical Committee serves as theSecretariat oftheSummit.TheCommitteenoted that this is necessary to ensure proper coordination, alignment of technical issues, and preparation of a harmonized agenda for effective decision-making by theSummit.

88. Amendment to section 13 of the principal Act

Amend section 13 by deleting subsection (2). This subsection provides that "Nothing in this section may be construed as precluding a Cabinet Secretary from convening consultative fora on sectoral issues of common interest to the national and county governments.

Justification: the subsection is misplaced as the section addresses sectoral working groups or committees. The provision is better placed in section 23 which provides for joint committees.

Committee's Observation

The Committeenoted thatsection 13providesfor sectoral committees,whereas section 23 pertains to joint committees. The Committee therefore concluded that section 13 is the appropriateprovision under theAct.

89.Amendmenttosection20oftheprincipalAct

Amend section 20 by deleting paragraph (c) of the principal Act and substitute the followingnewparagraph

(c)Facilitatecapacitybuildingfor themembers oftheCountyExecutive

Justification:The Council has continued to facilitate collective capacitybuilding of theMembersofthecounty executive.

Committee's Observation

The Committee noted that Section 20(e) of the Intergovernmental Relations Act provides that the Council of Governors shall offer a forum for facilitating capacity building for Governors.The Committeefurther observed thatwhile the Council plays a coordinating role, the responsibility for capacity building of County Executive Members lies primarily with each county governments, as it is a devolved function best addressed through county specific needs andframeworks.

90 Amendmentof section23 of the principal Act

Amend section 23 by introducing a new subsection (2)to provide that the relevant Cabinet Secretary and Chair of the specific sector of the Council may convene intergovernmental for a on sectoral issues of common interest to the national and county governments.

Justification:The provision will be better placed under this section to empower the relevant Cabinet secretary and the chair of the specific sector of the council to convene intergovernmental consultativeforums onmatters ofcommon interest tothenational and county governments.

Committee'sObservation

The Committee observed that the proposed amendments expands the subject of the Bill contrary toStanding Order 133(5) ofthe National AssemblyStanding Orders.

3.5Submissions by the Society of Clerks-at-the-Table (SOCATT-K)

91. The Chairperson of the Society informed the Committee on the composition and role of the Society of Clerks at the Table in Kenyan County Legislatures. He stated that SOCATT (K) is the membership organization representing Technical Services across the 47 County Assemblies in Kenya. 2. 92.Its primary objective is to facilitate the harmonization of procedures and practices while also creating platforms that enhance technical skills and capacities,promote experience

sharing, and encourage collaboration and networking within the County Assembly Service.

93. The Chairperson indicated that the Society of Clerks plays the following vital roles: 2. (i) providing the platform for sharing of parliamentary and management practices among Legislatures in Kenya, particularly to the technical staff; 3. (ii) providing the platform for professionals who teach management of legislatures to discuss and share knowledge on parliamentary and management practice and issues; 4. (ii) sponsoring and promoting educational and training programs and activities that advance parliamentary practice, management, and traditions in Kenya; 5. (iv)advancing g the professional status, public service, and interdisciplinary collaboration among the parliamentary managers in Kenya; 6. (v) creating linkages between the County Assembly Services and devolution stakeholders, development partners, civil society, and the private sector; and 7. (vi) publishing an annual journal on matters of procedure, privilege, constitutional law and management practices in relation to Parliament and Legislatures. 94. The Chairperson also submitted that SOCATT-K is a key institution in Kenya's devolved professional standards, and policy engagement. As a professional body, it represents technical officers, enhances their skills, and ensures that devolution functions effectively. 9. 95.The Committee was further informed that SOCATT-K is modeled on the Society of Clerks-at-the-Table in Commonwealth Parliaments, established in 1932 to help parliamentary officers improve legislative practices. This international connection gives SOCATT-K a strong foundation in best practices from other Commonwealth parliaments. 96. The Committee was informed that the Society of Clerks at the Table performs the followingadditionalroles: 11. (i)SOCATT-K plays a role in harmonization of procedure and practice across the 47 CountyAssemblies through research and knowledge development of best practices drawn from across the commonwealth,national parliament, and experiences of various Counties. 12. (i) SOCATT-K promotes professional standards and ethical conduct among County Assembly Officers by providing training, professional development opportunities, and networking forums aimed at enhancing skills and competencies in performing their duties effectively. 13. (i) Capacity Building and Training through over 50 capacity training workshops conducted so far and provision of knowledge resources to enhance their understanding of devolution principles, governance structures, and their roles and responsibilities within the devolved system of government. By equipping technical officers with the necessary skills and knowledge, SOCATT-K contributes to the effectiveimplementation of devolutioninitiatives. 14. (iv)AdvocacyforDevolutionthrougheffectiveimplementationofdevolution principles and the empowerment of County Assemblies to fulfill their mandates;

• (v) Policy Engagement and Dialogue with National Parliament, including the Committees of Senate and National Assembly (through technical representations, submission of memoranda and collating data); and with various stakeholders including constitutional commissions/bodies, national government agencies, civil society organizations,and development partners to influence policies and decisions that strengthen the devolved system and address challenges faced by County Assemblies;
• (vi)Representation of County Assembly officers as a platform to voice their views and experiences in implementing devolution and contribute to policy discussions;
• (vii)RepresentedtheCounty Assembly Services inengagements with Intergovernmental Relations,including discussions with the Constitutional Commission, Development Partners, and various stakeholders;
• (vii) Promotion of Good Governance (i.e., transparency, accountability, and ethical andrepresentation,thusultimately enhancing service delivery and development outcomes for citizens.
• 97.SOCATT-K serves as a professional association with significance in upholding procedural integrity in devolved legislatures, promoting professional standards, and advocating for institutional supportwithin County Assemblies.
• 98.The Chairperson of the Societynotedthat theIntergovernmental Relations (Amendment) Bill, 2024, seeks to formally anchor existing intergovernmental structures in law. However, the Society of Clerks at the Table in Kenyan County Legislatures (SOCATT-K) has been omitted from the Bill. He informed the Committee that including theSocietyin theBill wouldyieldseveral positiveimpact.
• 99.Formalization and Standardization:\_TransitioningSOCATT-K from a society under the Societies Act into a statutory organ could bring about a more formalized and standardized framework for governance and operations within the Devolution and IntergovernmentalRelationsspace.
• 100.Enhanced Accountability: By subjecting SOCATT-K to statutory regulations and oversight, there is the potential to enhance accountability and transparency. This would lead to better governance outcomes as the institution transitions from its current quasigovernment nature.

101. Strengthened Inter-governmental Relations: The legislation may provide a platform for strengthening intergovernmental relations by defining clear rolesand responsibilitiesfor different levelsofgovernment.This couldfacilitatemore effective coordinationandcollaborationonissuesofcommoninterest. 102. The Chairperson fiurther informed the Committee that the Society is proposing the insertion of the following clauses in the Bill:

• (1) There is established a society of clerks, for all officers serving in the Coumty Assemblies.
• (2)Thesocietyshall
• a)facilitate theharmonization of parliamentarypractice andprocedure among the County Assemblies;

• b)promote profesional standards and ethical conduct among members of staff of the County Assembly Services by recommending to County Assemblies high-standard training and professional development opportunities aimed at enhancing shills and competenciesintheeffectiveperformanceoftheirduties;
• represent the County Assembly Services in intergovernmental engagements including discussions with national government,constitutional commissions and independent bodies, development partners and various stakeholders; and
• d)collaborate withnational and international bodiesresponsible forpublic service management.
• (3) The Society shall have a Secretariat responsible for its operations, coordination, and implementationof its mandate,headed by a Chief Executive Officer.The Society may, where necessary, request the secondment of staff from County Assembly Service Boards to support its functions.
• (4)The staff serving in the Society shall at the commencement of this Act be deemed to be staff ofthe Society as provided for under subsection (3).
• (5) The funds of the Society shall consist of
• a) mandatory annual subscriptions and contributions from County Assemblies;
• b monies allocated by parliament for purposes of the society;
• c)grants, donations, and endorwments from development partners and other lareful sources;and
• d)any other funds that may accrue to the Society in the performance of its functions.
• (6)All assets, liabilities, rights,and obligations of the Society vested in it immediately before thecommencementofthisActshallremainvestedinit;andthestaffservingintheSociety shall continue in office under the Society.

CommitteeObservations

The Committee observed that the Society serves as a vital platform for the exchange of parliamentary and management practices among county legislatures. The Committee noted that it draws insights from the Commonwealth, national parliaments, and international experiences. The Committee further noted that SOCATT-K plays a critical role in safeguarding procedural integrity within devolved legislatures, promoting professional standards, and advocating for institutional support in County Assemblies.Accordingly, the Committee recommended that the Bill be amended to include the Society.

3.7SubmissionsbytheStateDepartmentforDevolution

103. The State Department for Devolution appeared before the Committee on 13th June, 2025 and made submissions on the Intergovernmental Relations (Amendment) Bill, 2024 (Senate Bill No. 12 of 2024) as follows

104. The mandate of the State Department as envisaged under Article 190 of the Constitution, section121 ofthe County Governments ActCAP265,theIntergovernmentalRelations Act CAP 265Fand Executive Order No.1 of 2023includes inter alia;management of devolution affairs, fostering intergovernmental relations, capacity development and technical assistance to county governments, management of civic education and public participation, management of devolution collaborations, partnerships and linkages. 2. 105.The State Department's position is that Section 11 (2) (c) should not be amended as proposed in the Bill as it has the effect of removing the Principal Secretary responsible for intergovernmental relations from being a member of the Intergovernmental Relations Technical Committee (IGRTC). 3. 106.This amendment appears toundermine the constitutionalprincipleof cooperative government outlined in Article 189 of the Constitution. The current arrangement ensurespolicycoherencebetween national policy formulation(through thePS)and implementation (through IGRTC). The removal of PS SDD could create a disconnect in theintergovernmentalrelationsframework. 4. 107.The State Department's position is consistent with the constitutional design of a cooperative governance system where national and county governments are distinct but interdependent. Removing the PS from the Technical Committee risks creating an institutional gap in policy coordination. 5. 108.The State Department for Devolution is the key policy organ on devolution and intergovernmental relations and its role in steering-all\_stakeholders involved in\_the devolution space cannot be overstated. IGRTC is the only agency domiciled under state department. 6. 109.IGRTC budgetary vote comes through the SDD. The PS is the custodian of allits assets and liabilities.Therefore,IGRTC's functional and administrative roleshas a direct impact/effect on the State Department and the PS as the accounting officer and policy lead. 110. The delivery of the mandate of the SDD is achieved in collaborative, cooperative, multi sectoral strategies involving many state and non-state actors. 111. The State Department plays a lead role and partners with Ministries, Departments and Agencies, ,County Governments,Constitutional Commissions and Independent Offices. These partnerships were anchored through various legal notices to give the SDD legal mandate and grounding to discharge its duties. This demonstrates the SDD PS representation is not only desirablebut calls tobe grounded in law. 9. 112.The SDD is represented in IBEC membership, another key intergovernmental institution established under Section187ofthePublicFinanceManagementAct. 10. 113.SDD has been steering and coordinating the national government MDAs on the setting oftheSummit Agenda andimplementation ofSummit decisions and resolutions.IGRTC isthesecretariattotheSummit 11. 114.Interdependence between and amongst state institutions and levels of governments necessitates shared and harmonized policy representation. The National Treasury, Ministry of Public Service and Human Capital Development are represented inSalaries

and Remuneration Commission (SRC) Boards. In the Commission on Revenue Allocation (CRA), the PS National Treasury is represented.

• 115.The Judicial Service Commission (JSC) has a representation from Public Service Commission, Attorney General amongst others. These representations provided for in the constitution and thelawdoes not affect theindependence of these commissions but strengthenstheinterdependencebetween and amongst arms andlevels ofgovernments and ensures public policies harmonization.It further strengthens the principles of one government approach and whole of government approach.

116. To strengthen the Agency and make it representative of the two levels of government, SDD proposes the inclusion of representation from the Council of Governors by inserting a Section (2)(d) to provide for a representative of the Council of Governors to be a member of the IGRTC.

Committee Observations

TheCommitteeobservedthattheStateDepartmentforDevolutionplaysacriticalrole as a key policy organ in matters of devolution and intergovernmental relations. In the circumstances,removing the Principal Secretary responsible for matters relating to devolution from the membership of the Intergovernmental Relations Technical Committee (IGRTC) may create a gap in policy coordination and formulation. The Committeefurther observed thatinlinewith theconstitutionalprinciples ofconsultation andcooperationbetween thetwolevelsofgovernment,theActshould be amended to includearepresentativefromtheCouncilof Governorsasamemberof theIGRTCto ensurebalancedrepresentation andeffectiveintergovernmentalengagement.

• 117.Section 3(5)(d) of the bill proposes that a person shall be qualified to be a member of the Agency if such person:
• b). Has knorwledge and experience of at least ten years in matters relating to... while subsection (d) requires that a person has had a distinguished career in their respective fields.

118. The existing provision in 3(5)(b) sufficiently addresses qualification requirements. The proposed amendment would create duplication in the qualifications criteria, which could lead to confusion in implementation. 119. The State Department proposes that subsection 3(5)(d) be deleted from the bill. The provision under (b) and (d) relate to the experience acquired in a career relevant to the position of a member of IGRTC, Thus the two provisions means one and the same thing.

Committee Observations

The Committeeobserved that the amendmentmaybe adopted.TheCommitteenoted that the term"distinguished career" lacks a clear and objective criterion, rendering the provision vague and potentially prone to subjective interpretation or abuse. The same may alsoresultin a duplication of the qualification criteria.

120. Section 4(a)(a)(i) of the bill provides that Agency shall implement the decisions of the Summit. The State Department proposed the section to be amended by replacing the word"Implement"with words"coordinate the implementation of ..."

• 121.As a secretariat for the Summit, the agency does not have capacity and mandate to implement thedecisions of theSummitbut can coordinate their implementation.This distinction is crucial as it aligns with the proper role of an intergovernmental body.
• 122.UnderKenya's devolutionframework,implementation typically fallstotherespective level of government with the constitutional mandate, while coordination is appropriately anintergovernmental function.This amendmentwould better alignwithArticles 186 and187oftheConstitutionregardingdivisionoffunctions.

Committee'sObservations

The Committee noted that section 12(a)(ii) of the Intergovernmental Relations Act stipulates that the Technical Committee is responsible for implementing the decisions of the Summit. This function is therefore already provided for in the Act under the existing legalframework.However,the Committeeobserved that clause 4(a)(ai)be deleted and substituted therefor the"coordinate theimplementation ofthe decisions ofthe summit"

• 123.Section 4(cg) of the bill proposes that the Agency coordinates development of standardized costing framework for the transferred functions. The State Department proposes that subsection 4(cg) be deleted.
• 124.The role of development and coordination of frameworks in the devolution space is domiciled in the state department responsible for intergovernmental relations. This appears to create potential duplication of roles. Under the Public Finance Management Act, such financial functions typically fall under departments with fiscal responsibility.

This amendment may create jurisdictional confficts.

125. The proposed function would overlap with existing statutory responsibilities of the State Department for Devolution.

CommitteeObservations

The Committee noted that the IGRTC is established as a neutral entity tasked with offering technical advice and assistance to both levels of government with the aim of enhancing the realization of the objects and principles of devolution. The Committee further noted that the entity plays a critical role in the unbundling of functions between the national and county governments. In this respect, the committee observed that it is both appropriate and necessary for IGRTC to coordinate the development of costing frameworks to support the effective transfer and execution of these functions.

126. Section 4(ch) of the Bill proposes that the agency shall witness execution of all relevant legalinstruments for transfer of functions.The State Department proposes that subsection4(ch)bedeleted. 2. 127.Thisisthefunction reservedforthePrincipalSecretary responsiblefor Intergovernmental Relations.This is consistent with legal principles regarding proper witnesses for governmental instruments. The PS, as a constitutional office holder, is the appropriateauthorityforwitnessingsuchtransfersunderKenya'slegalframework.The amendmentwouldinappropriatelytransferaformaladministrativefunctionfrom a constitutionalofficeholder to an agency. 128. The State Department further proposed for the deletion of Section 12(d) ofthe bill which proposes that theIntergovernmentalAgencyshall issue directionswithrespect to

intergovernmental disputes. The Agency lacks judicial authority to issue directions. This raises significant constitutional concerns.

129. The Constitution and the Intergovernmental Relations Act establish a framework for dispute resolution that does not include judicial or quasi-judicial powers for IGRTC. Granting such powers could violate separation of powers principles and potentially infringeontheconstitutionalmandateofcourtsunderArticle159oftheConstitution.

CommitteeObservations

The Committee observed that the amendment may be adopted,as it is only courts or tribunals that have the authority to make binding decisions. This aligns with the constitutional principle of separation of powers and ensures that any determination with legal effect is made by a competent judicial or quasi-judicial body.

130. Section 8(c)(b) of the bill proposes that the Agency shall be responsible for the day-today administrationof the affairs and theimplementation ofthe decisions oftheSummit. 131. The State Department proposes the following amendment:

Add the words"and coordination of' before the word "implementation".As a secretariat for the Summit, the agency does not have capacity and mandate to implement the decisionsoftheSummitbutcancoordinatetheirimplementation.

• 132.This amendment clarifies the Agency's appropriate role within the constitutional frameworkofdevolvedgovernance.Under theConstitution,implementation ofpolicies the division offunctions in theFourthSchedule.The Technical Committee's roleismore appropriately that of coordination rather than direct implementation.

Committee Observations

The Committee observed that the proposal may be adopted.

Submissions by theArchitectsAlliance(TAA)

• 133.The Architects Alliance (TAA) briefed the Committee that they are a professional body representing architects dedicatedtoadvancing sustainable urban development, planning, infrastructure integration,and community well-being. TAA contributes its architecture, spatial planning, and sustainable development.

134. The Intergovernmental Relations (Amendment) Bill (Senate Bill No. 12 of 2024) seeks architectural perspective, this coordination is critical for effective spatial planning, infrastructure development,and sustainable urbanization.Thebill provides a foundation for intergovernmental collaboration,but there is room to enhance its provisions by integrating architecturalexpertise toaddressinfrastructure challenges andurban planning needs. 135. TAA emphasized the importance of including architects in intergovernmental processes to ensure that spatial planning and infrastructure projects are aligned with global best

practices. Countries like Singapore and Germany have successfully integrated architects into intergovernmental frameworks to achieve sustainable urban development and efficient infrastructure planning.

KeyCommentsandRecommendations

Section 5:EstablishmentoftheIntergovernmental Technical Committee

136. The composition of the Technical Committee currently excludes architects, despite their critical role in urban planning and infrastructure integration. 2. 137.Proposed amendment:Include an architect nominated by The Architects Alliance (TAA)as a permanent member of theTechnical Committee.Architectsbringexpertise in spatial planning, sustainable design, and infrastructure development, ensuring that intergovernmental projects are user-centric and environmentally sustainable.

Section8:FunctionsoftheTechnicalCommittee

• 138.Thefunctions of the committeefocus on coordination but lack explicit referenceto spatial planning and infrastructure development.
• 139.Proposed amendment:Add a clause requiring thecommitteetocollaboratewith architects to ensure that intergovernmental projects align with spatial planning principles, sustainable development goals, and infrastructure best practices.

Section12:DisputeResolutionMechanisms

140\_The\_disputeresolutionmechanisms\_do\_not\_address\_conflicts\_related tolanduse.

infrastructure projects, or urban planning.

Proposed amendment:Mandatetheinclusion of architectsin disputeresolutionpanels for cases involving land use or infrastructure development. Architects can provide technical insights toresolvedisputes effectively.

Clause-SpecificRecommendations

| Proposed Amendment | Justification | CommitteeObservations | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------| | 1. Section 5: Add: "(x) one person nominated by The Architects Alliance, who shall be a registered architect with experience in urban planning and infrastructure development.' | Ensures professional input in spatial planning and sustainableinfrastructure design.Architects provide critical insights for integratinginfrastructure projects into the built environment. | | | 2. Section 8: Add: "(x) collaborate withrelevant | Establishesaclear mandateforinfrastructure planning and alignment | |

| professional bodies to ensure theintegration of spatial planning and infrastructure development into intergovernmental projects." | with urban development goals. | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------| | Section 12: Add:"The dispute resolutionmechanism shall include a panel of experts, including architects,for cases involving land use, urban planning, or infrastructure development." | Provides technical expertisetoresolve disputes involving spatial planning and infrastructurechallenges. |

141. The inclusion of architectural expertise in the Intergovernmental Relations (Amendment) Bill is essential to ensure that intergovernmental projects are sustainable, efficient, and aligned with global best practices. TAA strongly recommends the inclusionofanarchitectontheTechnicalCommittee andtheadoptionofinfrastructurefocusedprovisionsin thebill.These amendmentswill enhance thebill'seffectiveness andcontributetothecreationofsustainableandinclusiveenvironments.

Committee'sObservation

The Committee observed that the proposed amendments expands the subject ofthe Bill contrary toStandingOrder133(5)oftheNationalAssemblyStandingOrders.

CHAPTERFOUR

4.0OBSERVATIONSANDFINDINGS

Upon consideration of the Bill, the Committee observed the following:

• (a)The Bill seeks to amend the Intergovernmental Relations Act, Cap.265 to establish a structured framework for intergovernmental relations,change the name of the Intergovernmental Relations Technical Committee(IGRTC) toIntergovernmental Relations Agency and provide for the Council of Governors Secretariat, County AssembliesForumanditsSecretariat.
• (b)TheBill is timely and a suitable amendment asit seeks to establish a structured frameworkforinter-governmentalrelations.
• (c)Theproposaltoremove thePrincipal Secretary for theStateDepartmentfor thetime being responsible for matters relating to devolution in clause 3(b)(ii) of the Bill, may create an institutional gap in policy coordination. The Committee observed that IGRTC is a unique institution serving both levels of government and the Bill should therefore be amended to include a representative of the Council of Governors to ensurebalancedrepresentation and effectiveintergovernmentalengagements.
• (d)The Bill does not raise any Constitutional issues,but seeks to enhance consultation and cooperationbetweenthenational and countygovernments and amongstcounty governments asprovidedunderArticle6 and189oftheConstitution.
• (e)The Bill seeks to provide a general framework to ensure that the retirement benefits for county governments employees are properly anchored in law, after the County GovernmentsRetirement SchemeAct,Cap.189Bwas declared unconstitutional by the High Court in the case of Okoiti 11 others v County Governments Retirement Scheme 164others.
• (f) Most stakeholders expressed support for the proposed amendment to the Bill, recognizing its importance inenhancing devolutionand improving intergovernmental relations.

5.0RECOMMENDATIONS

The Committee having considered the Intergovernmental Relations (Amendment) Bill 2024 (SenateBillNo.12of2024)recommendsthattheHouseAPPROVEStheBillwith the amendmentscontainedintheSCHEDULEOFAMENDMENTSformingPART SIXof this report:

..DATE...../06/..2S

SIGNED..

HON.PETERLOCHAKAPONG,MP (CHAIRPERSON)

DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT.

CHAPTERFIVE

Justification:

The amendment seeks to include a representative from the Council of Governors as a member of the Agency rather than removing the Principal Secretary responsible for matters relating to devolution. On subclause (5), the Bill proposes that a person shall be qualified for appointment as a member of the Agency if the person possess at least ten years of relevant knowledge and experience and have had a distinguished career in their respective field. The proposed amendment therefore seeks to delete paragraph (d) on the grounds that requiring both a minimum of ten years' experience and a distinguished career results in a duplication of thequalificationcriteria.

CLAUSE4

THAT, Clause 4 of the Bill be amended in paragraph (a), by deleting sub-paragraph (i) and substituting therefor thefollowingnewsub-paragraph

"(ii) coordinate the implementation of the decisions of the Summit."

Justification:

The amendment clarifies the agency's appropriate role which is more of coordination rather than implementation.

CHAPTERVI

SCHEDULEOFAMENDMENTS

In view oftheobservationsmade,theCommitteeproposes thefollowing amendments to the Bill—

CLAUSE3

THAT, Clause 3 of theBill be amended—

• (a) in paragraph (b), by deleting sub-paragraph (i);
• (b) by inserting the following new sub-paragraph immediately after sub-paragraph (i); and
• (ii)"one person who shall be competitively recruited by the Council and appointed by the Summit"
• (c) in paragraph (e) by-
• "relating to" in paragraph (b); and
• (ii) deleting paragraph (d), in the proposed new subsection (5).

CLAUSE5

THAT, Clause 5 of the Bill be amended in the proposed new section 12A by -

• (a)deleting paragraph (1)(d); and
• (b) deleting paragraph (1)(e).

Justification:

The amendment aligns with the constitutional principle of separation of powers and ensures that any determination having a legal effect is made by a competent judicial or quasi-judicial body. Further, the power to summon is reserved for judicial or quasi-judicial bodies established under a constitutional provision or a specific Act of Parliament.

CLAUSE6

THAT, Clause 6 of the Bill be amended by deleting paragraph (ii).

Justification:

Theproposed clauseprovidesfor theestablishment andconvening ofsectoralforumson sectoral issues by the Council. However, this function is already assigned to the Council under section 20(1)(c) and (3)of the Intergovernmental Relations Act, Cap. 265F.

CLAUSE8

THAT, Clause 8 of the Bill be amended in paragraph (c), by inserting the words "coordinate the"immediately after the words"secretariat and".

Justification:

The amendment clarifies the agency's appropriate role which is more of coordination rather than implementation.

CLAUSE 10

THAT, Clause 10 of the Bill be amended by deleting the marginal note to the proposed new section17 andsubstituting therefor thefollowingnewmarginalnote—

"Staff of the Agency"

Justification:

Staff employed shall be deemed tobe staffofthe Agency,and not ofthe Summit,in accordance with theprovisions of theBill.

CLAUSE15

THATClause15oftheBillbeamended—

• (a) in the proposed new section 23F, by inserting the words "elected by members of the forum" immediately after the words "National Executive Board" in sub-clause 2;
• (b) in the proposed new section 23J, by deleting the word "Senate" and substituting therefor the word "Parliament"in sub-clause (1);
• (c) in the proposed new section 23K, by deleting the words "the Secretary to the Forum" appearing in sub-clause (5)(b); and
• (d) by inserting the following new sections immediately after the proposed section 23N—

23O.EstablishmentofaSocietyofClerks-at-the-Table

• (1) There is established a Society of Clerks-at-the-Table which shall consist of clerks and technical staff serving in the forty-seven county assemblies.
• (2) The Society shall be governed by an Executive Committee which shall comprise of

3. (a) a Chairperson; 4. (b) a vice-chairperson; 5. (c) seven other members; and 6. (d) a Chier Executive Omicer who shall be an ex-officio member and secretarytotheCommittee.

• (3) The members of the Executive Committee under subsection 2 (a),

8. (b) and (c) shall be elected by the clerks of the county assemblies from among theclerks. 9. (4)The members of the Committee shall serve for a term of two years and shall be eligible forelectionfor onefurther term.

23P.FunctionsoftheSociety

• (1) The Society shall provide a forum for-

2. (a)consultation amongstaff servingin county assemblies; 3. (b) facilitating and harmonizing practice and procedure among countyassemblies; 4. (c) creating a platform for sharing of information and experiences for county assembly clerks and staff of county assemblies; 5. (d) developing technical and management capacities for county assemblies'clerks andstaff;

• (e) providing legal and procedural advise to county assemblies in the development of legislation;
• f) representing the county assembly services in all intergovernmental engagements, including engagements with Parliament and Constitutional commissions;
• (g) facilitating capacity building for clerks and staff of the county assemblies; and
• (h)consideringmattersofcommoninterestforclerksandstaffof the county assemblies.

23Q.Funding of the Society

• (1)Thefundingof theSociety shall consist of
• (a)annual subscriptions by county assemblies; and
• s s () Society.

23R. Meetings of the Society

• (1) The Society shall meet at least twice a year;

2. (2)The Society shall prescribe its own procedures.

23S.Report by the Society

The Society shall submit an annual report to the county assemblies within threemonths after theendofeveryfinancialyear.

23T.EstablishmentoftheSocietySecretariat

• (1) There is established a Secretariat which shall be headed by a Chief Executive Officer.

(2)TheChiefExecutiveOfficer shallbe competitivelyrecruited and appointed by the Executive Committee.

(3)A person is qualified to be appointed as a Chief Executive Officer if that person—

• (a) holds a degree from a university recognised in Kenya;
• (b) has at least ten years relevant professional experience;
• (c) has demonstrable competence in administration of not less than five years; and
• (d) satisfies the requirements of leadership and integrity provided under Chapter Six of the Constitution.

(4) The Chief Executive Officer shall be -

• (a) the accounting officer of the Society;
• (b) the Secretary to the Society; and
• (c) responsible tothe Society for the day-to-day administrationoftheaffairsoftheSecretariat.
• (5) Without prejudice to the generality of the provisions of subsection
• (4), the Chief Executive Officer shall be responsible for—
• (a) the implementation of decisions of the Society;
• (b) the establishment anddevelopment of an efficient administrationoftheSecretariat;
• (c) the organization, control and management of staff of the Secretariat;
• (d) maintaining accurate records on financial matters and resourceuse;
• (e) ensuring the preparation and approvai or the budget for the required funding of the operational expenses of the Society; and
• (f) performing any other duties as may be assigned by the Society.
• (6)The Chief Executive Officer shall be appointed for a single term of three years and shall be eligible for re-appointment for one further term.

23U.RemovalfromofficeoftheChiefExecutiveOfficer.

• (1) The Chief Executive Officer may be removed from office by the Society, for—-

2. (a) inability to perform the functions of the office arising out of physical or mental incapacity; 3. (b) gross misconduct; 4. (c) incompetence or negligence of duty; or 5. (d) any other ground that would justify removal from officeunder the terms and conditions of service.

23V.Staff of the Society

The Society may employ staff as are necessary for the proper discharge ofitsfunctions.

Justification:

The proposed amendment seeks to ensure that reports of the Forum are submitted not only to the Senate but also to the National Assembly in order to enhance legislative oversight and accountability.Further, the provision of the Secretary to the Forum is a repetition of the provisions already contained in subsection (2) of the Bill thereby making the provision redundant. In addition, the amendment includes the Society for Clerks at the Table as they play a vital role in exchange of procedure and practices among county legislatures in Kenya and safeguarding procedural integrity within devolved legislatures.

Clause 17,

THAT, Clause 17 of the Bill be amended by——

• (a) deleting the expression "3o" appearing in the introductory clause and substituting therefor the expression"33";
• (b) deleting paragraph (a);

Justification:

The amendment seeks to correct an error and align the Clause to the proper section of the Act. Further, the amendment in clause 17(a) to include the word "shall" introduces a mandatory requirement for parties to refer disputes to the Agency, which appears to conflict with Article 6 of the Constitution. The Constitution emphasises consultation and cooperation between parties to the dispute.

23W.TransitionofStaff

The staff serving in the Society shall at the commencement of this Act be deemedtobethestaffoftheSociety asprovidedfor under section 23V,

23X.Remunerationofstaff

The Chief Executive Officer and staff of the Secretariat shall bepaid such salaries, benefits and allowances for expenses as may be determined by the Executive Committee,in consultation with the SalariesandRemunerationCommission.

Forwarded by:

THENATIONALASSEMBLY 13TIIPARLIAMENT-FOURTHSESSION-2025

DIRECTORATEOFDEPARTMENTALCOMMITTEES DEPARTMENTALCOMMITTEEONREGIONALDEVELOPMENT

DATE: 13/06/2025

ADOPTIONLIST

VENUE:SANELA VOD2

TIME: From.?:.S.!m.To...3O

MAUAHA

AGENDA: Consideration and adoption of the Committee's report on the Intergovernmental Relations (Amendment) Bill(Senate Bill No. 12 of 2024)

We, the undersigned, adopt the Committee's report on the Intergovernmental Relations (Amendment) Bill (Senate Bill No. 12 of 2024)

| NO. | NAME | SIGNATURE | |-------|-----------------------------------------------|-------------| | 1. | Hon. Lochakapong Peter, CBS, M.P.-Chairperson | | | 2. | Hon.Paul Abuor, M.P.-Vice - Chairperson | Rlonn | | 3. | Hon. Sudi Oscar Kipchumba, M.P. | | | 4. | Hon.Mawathe Julius Musili,M.P. | | | 5. | Hon. Otucho Mary Emaase, M.P. | | | 6. | Hon.Kalasinga Joseph Majimbo, M.P. | | | 7. | Hon.NabulindoPeter Oscar,M.P. | | | 8. | Hon.Khamis Chome Abdi,M.P. | | | 9. | Hon. Maina Amos Mwago, M.P. | | | 10. | Hon. Tungule Charo Kazungu, M.P. | | | 11. | Hon.Basil Robert Ngui, M.P. | | | 12. | Hon. CPA Geoffrey Wandeto, M.P. | | | 13. | Hon. Munyoro Joseph Kamau, M.P. | | | 14. | Hon. Njeru Pamela Njoki, M.P. | | | 15. | Hon.Umul KerKassimSheikh,M.P. | |

Signature..

Committee Clerk..

Approved by:

Signature:

DirectorDepartmental Committees:

Date:.

BOrV

Date