Related documents
- Is amended by 24th Annual Supplement
LAWS OF KENYA
INTERGOVERNMENTAL RELATIONS ACT
CAP. 265F
- Published in Kenya Gazette Vol. CXIV—No. 18 on 9 March 2012
- Assented to on 27 February 2012
- Commenced on 9 March 2013 by Declaration of Persons Elected President and Deputy President
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Intergovernmental Relations Act.2. Interpretation
In this Act, unless the context otherwise requires—"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to intergovernmental relations;"competencies" means powers given to a public authority in respect of a specific activity, which is key to ensuring the provision of a public service and includes powers of planning, regulating, setting standards, constructing, financing, managing, monitoring and evaluating, sanctioning or intervening in any way to ensure that a function is discharged;"Council" means the Council of County Governors established under section 19;"level of government" means the national and county level of government;"Secretariat" means the Intergovernmental Relations Secretariat established under section 15;"Summit" means the National and County Government Co-ordinating Summit established under section 7;"Technical Committee" means the Intergovernmental Relations Technical Committee established under section 11.3. Objects and purposes of the Act
The objects and purposes of this Act are to—4. Principles of intergovernmental relations
The intergovernmental relations structures established under this Act shall be based on the following principles—5. Objects of intergovernmental structures
The objects of intergovernmental structures established under this Act include—6. Application of the principles and objects of the Act
The principles and objects provided under sections 3, 4, and 5 shall apply to—Part II – ESTABLISHMENT OF INTERGOVERNMENTAL RELATIONS STRUCTURES
National and County Government Co-ordinating Summit
7. Establishment of the National and County Government Co-ordinating Summit
8. Functions of the Summit
The Summit shall, among other things, provide a forum for—9. Meetings of the Summit
The Summit shall—10. Reports by the Summit
Intergovernmental Relations Technical Committee
11. Establishment of the Intergovernmental Relations Technical Committee
12. Functions of the Technical Committee
The Technical Committee shall—13. Sectoral working groups or committees
14. Reports by the Technical Committee etc.
The Technical Committee shall—15. Establishment of the Intergovernmental Relations Secretariat
16. Removal from office of the Secretary
The Secretary may be removed from office by the Technical Committee with the approval of the Summit in accordance with the terms and conditions of service, for—17. Staff of the Summit and Technical Committee
The Technical Committee may employ officers and staff as are necessary for the proper discharge of the functions of the Technical Committee, the Council and the Summit under this Act.18. Remuneration of staff
The Secretary, officers and staff of the Secretariat shall be paid such salaries, benefits and allowances for expenses as may be determined by the Technical Committee, in consultation with the Salaries and Remuneration Commission.Council of County Governors
19. Establishment of Council of County Governors
20. Functions of the Council
21. Meetings of the Council
22. Reports by the Council
23. Joint committees
The national or a county government may establish a joint committee with a specific mandate where such a committee is necessary for the achievement of—Part III – TRANSFER AND DELEGATION OF POWERS, FUNCTIONS AND COMPETENCIES
24. Transfer and delegation of powers, functions and competencies
Subject to Article 186 and Article 187 of the Constitution, either level of government may—25. Principles of transfer or delegation of powers, functions and competencies
A government transferring or delegating a power, function or competency under this Part shall—26. Agreements on transfer or delegation of powers, functions or competencies
27. Service standards
28. Criteria for transferring powers, functions or competencies
The criteria for the transfer or delegation of powers, functions or competencies shall include—29. Public participation
The framework for public participation in the transfer or delegation of powers, functions or competencies by either level of government under this Part shall be provided by Regulations.Part IV – DISPUTE RESOLUTION MECHANISMS
30. Application of this Part
31. Measures for dispute resolution
The national and county governments shall take all reasonable measures to—32. Dispute resolution mechanisms
33. Formal declaration of a dispute
34. Procedure after formal declaration of a dispute
35. Judicial proceedings
Where all efforts of resolving a dispute under this Act fail, a party to the dispute may submit the matter for arbitration or institute judicial proceedings.36. Offence
Part V – MISCELLANEOUS PROVISIONS
37. Operational expenses
The operational expenses in respect of the structures and institutions established in this Act shall be provided for in the annual estimates of the revenue and expenditure of the national government to cater for—38. Regulations
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
09 March 2013
09 March 2012
27 February 2012
Assented to
Cited documents 0
Documents citing this one 136
Judgment 73
Gazette 44
Bench Bulletin 6
1. | Bench Bulletin - Issue 21 | |
2. | Bench Bulletin - Issue 24 | |
3. | Bench Bulletin - Issue 25 | |
4. | Bench Bulletin - Issue 26 | |
5. | Bench Bulletin - Issue 48 | |
6. | Bench Bulletin - Issue 49 |
Act 5
1. | Crops Act | 153 citations |
2. | Health Act | 73 citations |
3. | National Government Co-ordination Act | 58 citations |
4. | Irrigation Act | 22 citations |
5. | Tea Act | 16 citations |
Bill 4
1. | The Cotton Industry Development Bill, 2021 | |
2. | The County Pension Scheme Bill, 2016 | |
3. | The County Pension Scheme Bill, 2017 | |
4. | The Intergovernmental Relations (Amendment) Bill, 2014 |
Legal Notice 4
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Distribution of Libraries | Legal Notice 123 of 2023 | 22 September 2023 |
The Intergovernmental Relations (Alternative Dispute Resolution) Regulations | Legal Notice 4 of 2022 | 31 December 2022 |
The Delineation of Disaster Management Function | Legal Notice 86 of 2021 | 31 December 2022 |
The Delineation of the Cooperative Function | Legal Notice 85 of 2021 | 31 December 2022 |
The Transfer of Library Functions | Legal Notice 142 of 2019 | 31 December 2022 |