THE NATIONAL GOVERNMENT CO-ORDINATION ACT. (No 1 of 2013) THE NATIONAL GOVERNMENT CO-ORDINATION (GENERAL) REGULATIONS, 2014

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1 LEGAL NOTICE NO... THE NATIONAL GOVERNMENT CO-ORDINATION ACT (No 1 of 2013) IN EXERCISE of the powers conferred by sections 13, 14 and 23 of the National Government Co-ordination Act, 2013, the Cabinet Secretary Interior and Coordination of National Government, with the approval of His Excellency the President, makes the following Regulations THE NATIONAL GOVERNMENT CO-ORDINATION (GENERAL) REGULATIONS, 2014 PART I-PRELIMINARY Citation. Interpretation No. 1 of These Regulations may be cited as the National Government Co-ordination (General) Regulations, In these Regulations, unless the context otherwise requires Act means the National Government Co-ordination Act administrative officer means an officer recruited, appointed and deployed as such under section 15 (1) of the Act; sub-county means a unit of administration established as such under section 14 (1) of the Act; ward means a unit of administration established as such under section 14 (1) of the Act; location means a unit of administration established as such under section 14 (1) of the Act; sub-location means a unit of administration established as such under section 14 (1) of the Act; national government function means a function assigned by the Constitution or any other law to the executive arm of government and for the purpose of these regulations, national government service has a corresponding meaning; and service delivery co-ordination unit means a Ministry, State, or Government Department or a geographical area established for the purpose of coordinating National Government services. 1

2 PART II ACCESSIBILITY OF NATIONAL GOVERNMENT SERVICES Service delivery co-ordination units. 3. Pursuant to section 14 of the Act, there are established the following service delivery co-ordination units (a) county service delivery co-ordination unit; (b) sub-county service delivery co-ordination unit; (c) ward service delivery co-ordination unit; (d) location service delivery co-ordination unit; (e) sub-location service delivery co-ordination unit; and (f) any other unit as the Cabinet Secretary may, by notice in the Gazette, consider necessary for the efficient and effective delivery of national government functions. Criteria for determining the establishment of service delivery co-ordination units. 4. (1) In determining the service delivery co-ordination units referred to in Regulation 3, the President and the Cabinet Secretary shall consider the (a) geographical features and urban centres; (b) population density and demographic trends; (c) cost of administration; (d) physical and human infrastructure; (e) the views of the affected communities; (f) community of interest, historical, economic and cultural ties; (g) means of communication; (h) security; and (i) any other pertinent and reasonable factor that the Cabinet Secretary may consider necessary in the circumstances. 2

3 (2) The boundaries of the service delivery co-ordination units shall be as nearly as possible, the same as the boundaries of counties, constituencies and wards, but Cabinet Secretary may establish larger or lesser units taking into account the criteria specified under paragraph (1). (3) Any review of boundaries of service deliver coordination units shall accord with and respect the system of devolved government established under the Constitution. PART III THE NATIONAL GOVERNMENT COORDINATION FRAMEWORK Framew ork for coordinati on. 5. The following organs shall form the framework of coordination of the national executive functions (a) the Office of the President; (b) the Cabinet; (c) the Committee of Principal Secretaries established under Regulation 6; (d) the service delivery coordination committees established under Regulation 9; (e) the service delivery co-ordination administrative units; and (f) any other organ as may be prescribed by law. Committee of Principal Secretaries Membership of the Committee of Principal Secretaries 6. Subject to section 13 of the Act there is established a Committee of Principal Secretaries. 7. The Committee of Principal Secretaries shall comprise of (a) the Head of the Public Service who shall be the Chairperson; (b) such number of Principal Secretaries as shall be appointed by the President in accordance with Article 155 of the Constitution; and (c) any other person appointed by the President. Functions of the Committee of Principal 8. The functions and responsibilities of the Committee of Principal Secretaries shall be to 3

4 Secretaries. (a) advise the Cabinet on the most efficient manner of coordinating the delivery of services by the national government; (b) identify, monitor and review the functions of national government to be decentralised to all parts of the Republic; (c) coordinate national government functions and delivery of services in all parts of the Republic; (d) coordinate the dissemination and implementation of national Government policies and programmes; (e) facilitate participation of the people in national government policy formulation; (f) advise the relevant Cabinet Secretary on matters relating to coordination of national government functions and service delivery; (g) provide a forum for consultation and cooperation on matters relating to policies and programmes of the National Government; (h) coordinate and harmonize service delivery by state departments and organs to minimize over-laps and conflicts; (i) identify areas of cooperation and liaison among state departments and organs; (j) provide input and coordinate participation in the development of National Development Plans and Strategic Plans; (k) provide a forum to mobilize support for national government policies, programmes and national events; 4

5 (l) share information on project implementation and challenges; (m) coordinate, monitor and evaluate the development and service delivery of state organs in the Republic; and (n) perform any other function assigned by the national government or national legislation. Speciali zed committ ees. 9. (1) The Committee of Principal Secretaries may establish such number of specialized committees as may be necessary for the purpose of carrying out its functions more effectively. (2) The sub-committees established under subparagraph (1) may co-opt any person that the sub-committees may consider necessary for the performance of their functions. Coordination of Service Delivery at the county level. 10. (1) Pursuant to Article 6 (3) and Article 132 (3) (b) of the Constitution, the national government shall devolve its services to all parts of the Republic, so far as it is appropriate to do so having regard to the nature of the national government functions. (2) The national government shall, pursuant to section 7(2)(d) of the Act, establish service delivery coordination committees at the county and the decentralized units for effective coordination of its functions. The County Service Delivery Co-ordination Committee. Membership of the County National Service Delivery Coordination Committee. 11. There is established in each county the countynational government service delivery co-ordination committee. 12. The county-national government service delivery co-ordination committees established under Regulation 11 shall comprise of (a) the county commissioner who shall be the Chairperson; (b) the head of the state department responsible for planning and national development who shall be the Secretary; (c) the heads of other state departments and organs in the county; 5

6 (d) the deputy county commissioners in the county; and (e) any person that the committee may co-opt for the better performance of its functions. Functions and responsibilities of the County Service Delivery Co-ordination Committee 13. The county-national government service delivery coordination committees shall (a) be responsible for the coordination of the implementation of national government policies and programmes; (b) coordinate the national government functions in the county to ensure efficient and effective delivery of services; (c) facilitate public participation in the identification of priority development programmes for implementation by the national government; (d) monitor and evaluate implementation of development programs and projects of the national government in the county; (e) identify areas of cooperation and liaison with county governments on service delivery; (f) facilitate state departments and organs in the performance of their functions; (g) provide input and coordinate participation in the development of strategic plans; (h) provide a forum to mobilize support for national government policies and national events; and (i) perform any other function as may be assigned from time to time by the Cabinet Secretary or any written law. Conduct of business and affairs of the committees. 14. The business and affairs of the committees established under these Regulations shall be guided by the Fourth Schedule of the Constitution. PART IV ADMINISTRATIVE OFFICERS 6

7 Coordination of national government functions at the national and county levels. 15. (1)The national government functions in ministries and state departments shall be coordinated by administrative officers under the direction of the Cabinet Secretaries and the Principal Secretaries. (2)The functions of the national government at the county and other decentralized units shall be coordinated by the national government administrative officers appointed in accordance with the Act. County Service delivery coordination unit. 16. (1) A county service delivery co-ordination unit shall be headed by a county commissioner appointed as such pursuant to section 15 of the Act. (2) A county commissioner shall (a) co-ordinate national government within the county; functions (b) liaise with national government institutions in the county to ensure effective and efficient service delivery at the county level; (c) facilitate conflict resolution and peace building activities in the county; (d) make periodic reports to the Principal Secretary, on any matters pertaining to his or her duties with regard to the delivery of national government functions within the county; and (e) carry out any other task assigned to that office under the Act or any other written law. Sub-county service delivery administrative unit. 17. (1) A sub-county service delivery co-ordination unit shall be headed by a deputy county commissioner appointed as such pursuant to section 15 of the Act. (2) A deputy county commissioner in respect of every subcounty shall (a) co-ordinate national government functions within the sub-county; (b) liaise with national government institutions in the sub-county and report to the respective county commissioner; 7

8 (c)facilitate conflict resolution and peace building activities in the sub county; (d) make periodic reports to the County Commissioner, on any matters pertaining to his or her duties with regard to the delivery and coordination of the National Government functions within the sub-county; and (e) carry out any other task assigned to that office under the Act or any other written law. Ward service delivery coordination unit. 18. (1) A ward service delivery co-ordination unit shall be headed by an assistant county commissioner appointed as such pursuant to section 15 of the Act. (2) An assistant county commissioner in respect of every ward shall (a) co-ordinate national government functions within the ward; (b) liaise with national government institutions in the ward to ensure effective and efficient delivery of national government functions at the ward level and report to the respective deputy county commissioner; (c) facilitate conflict resolution and peace building activities in the ward; (d) make periodic reports to the deputy county commissioner, on any maters pertaining to his or her duties with regard to the delivery and coordination of the national government functions within the ward; and (e) carry out any other task assigned to that office under the Act or any other written law. Location service delivery coordination unit. 19. (1) A location service delivery co-ordination unit shall be headed by a chief appointed as such pursuant to section 15 of the Act. (2) A chief in respect of every location shall (a) co-ordinate national government functions within the location; (b) liaise with national government institutions in 8

9 A sub-location service delivery co-ordination unit. the location to ensure effective and efficient delivery of national government functions at the location level and report to the respective assistant county commissioner; (c) facilitate conflict resolution and peace building activities in the location; (d) make periodic reports to the assistant county commissioner, on any matters pertaining to his or her duties with regard to the delivery and coordination of the national government functions within the location; (e) support alternative dispute resolution mechanisms within the location; and (f) carry out any other task assigned to that office under the Act or any other written law. 20. (1) A sub-location service delivery administrative unit shall be headed by an assistant chief appointed as such pursuant to section 15 the Act. (2) An assistant chief in respect of every sub-location shall 9 (a) co-ordinate national government functions within the sub-location; (b) liaise with national government institutions in the sub-location to ensure effective and efficient delivery of national government functions at the sub-location level and report to the respective chief; (c) facilitate conflict resolution and peace building activities in the sub location; (d) make periodic reports to the chief, on any matters pertaining to his or her duties with regard to the delivery and coordination of the national government functions within the sublocation; (e) support alternative dispute resolution mechanisms within the sub-location; and (f) carry out any other task assigned to that office under the Act or any other written law.

10 Other service delivery co-ordination units. Scheme of service 21. The Cabinet Secretary shall as may be appropriate appoint, pursuant to section 15 of the Act, a person to head any other service delivery administrative unit established under the Act. PART V: SCHEME OF SERVICE OF ADMINISTRATIVE OFFICERS 22. Pursuant to section 18 of the Act, the Cabinet Secretary on the recommendation of the Public Service Commission shall prescribe the scheme of service for administrative officers. 23. A scheme of service prescribed pursuant to section 18 of the Act and regulation 22 shall set out the terms and conditions for the appointment of administrative officers and shall provide for (a) recruitment process; (b) qualification for appointment and training; (c) appointments and confirmations of appointments; (d) deployment; (e) progression in the service; (f) the designations and grades of the administrative officers; and (g) any other matter as may be considered necessary by the Public Service Commission. PART VI: COLLABORATION AND DISPUTE RESOLUTION OF DISPUTES BETWEEN THE NATIONAL AND COUNTY GOVERNMENT Establishment of mediation team. Composition of the Mediation team. 24. Where a dispute arises on the mandate or power of any of the officers or roles of respective officers of the county government and those of the national government, a mediation team shall be constituted in accordance with Regulation 25 to deal with the dispute. 25. The mediation team referred to under regulation 24 shall comprise of 10 (a) two persons appointed by the governor

11 who shall be conversant with the matters in question; and (b) two persons appointed by the Cabinet Secretary responsible for coordination of national government. Procedure etc. 26. (1) The Cabinet Secretary and the Governor shall agree and issue, to the mediation team, clear terms of reference. (2) The mediation team shall within fourteen days hear and make a determination. (3) The mediation team may invite a representative of the state department or ministry under which the officer or officers discharging the service or exercising the powers the result of which the dispute arose to make representations. (4) The team shall present their findings and recommendations to the Cabinet Secretary and the Governor who shall consider the recommendations and advise the relevant departments on the outcome of the dispute. (5) Where the mediation team fails to resolve the dispute within the period referred to in subregulation (2), the dispute may be referred to the Summit for resolution. (6) Where a party to the dispute is dissatisfied with the findings of the mediation team, such a party may appeal to the Summit. (7) The procedure set out under the Inter-governmental Relations Act shall be followed in determination of matters referred to the Summit. Dated this...of March, 2014 Joseph Ole Lenku, Cabinet Secretary, Ministry of Interior and Coordination of the National Government. 11