Kindly share as widely as possible and plan to make your submission on how you expect devolved governments to function, including your potential role in the same. A list of consultation issues is also included for your consideration and possible response.

Kind regards
Eric Aligula

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TASK FORCE ON DEVOLVED GOVERNMENT

PRESS STATEMENT ON COUNTY CONSULTATIONS

Pursuant to
the New Constitutional requirements on Devolution and governance, the
Deputy Prime Minister and Minister for Local Government established
the Task Force on Devolved Government on the 22^nd October
2010 through Gazette Notice 12876 dated 25^th October 2010.
The purpose of the Task Force is to help think through the implementation
of the devolution process and advise the government on policy and legal
frameworks of devolving power, resources and responsibilities to the
people of Kenya for effective local development.

The Terms of Reference of the Task Force are inter alia
to “with reference to specific provisions of constitution, collect
and collate public views on how implementation of the devolved government
should be structured”.

In view of
the aforesaid Terms of Reference the Task Force will be visiting all
the counties and these are the issues we are going to raise:-

Issue
1: Cooperative Government, Inter-Governmental Relations and Levels of
Governance

1. What actions are
   needed to facilitate cooperation and consultation between County governments
   and between County governments and the National Government?
2. What actions are
   needed to facilitate the undertaking of joint functions between County
   governments and between County governments and the National Government?
3. How should the County
   government cooperate with National Government Ministries, Parliament,
   the Judiciary, and the Commission for Revenue Allocation and other Constitutional
   Commissions?
4. What actions are
   needed to facilitate linkages and consultation between a county government
   and its senator?
5. What considerations
   should be taken into account in establishing cities and urban areas
   in counties?
6. How should cities
   and urban centers be governed?
7. How will cities,
   urban areas and municipalities relate with county and national governments?
8. What other decentralized
   units will be necessary in County governments and why?
9. How should conflicts
   between County governments be addressed?

Issue 2:
Functions of and Service Delivery by County Governments

1. What conditions
   must be in place in a county before a function is transferred to it?
2. How should these
   functions be exercised and services provided by the county governments
   and by whom?
3. What are the key
   factors that should be considered in planning within counties?
4. How should the county
   public service be structured, staffed and managed?
5. What type of capacity
   and skills will be required for effective service delivery at the county
   government level?
6. How do you want
   national government functions exercised and services provided at county
   level?
7. What do you think
   should be the role of the Provincial Administration in the counties?
8. How would you like
   the provincial administration to be restructured to play its roles?
9. How should organisations
   providing cross-border services (for example water services boards)
   be managed?
10. How should a county
    government manage services being implemented on its behalf by quasi
    government bodies or lower county structures?
11. When should functions
    of the national government be transferred to county government and vice
    versa?

Issue 3:
Financial Resources and Management in County Governments

1. What should be the
   basis for any allocation of funds and grants to county governments?
2. How should conditional
   and unconditional grants be applied to promote the objects of public
   finance and achieve the goals of national development?
3. How should current
   devolved funds (such as CDF, LATF, Road Maintenance Levy Fund (RMLF),
   Youth Enterprise Fund, Women Enterprise Fund, Bursary Funds, etc) be
   managed in the context of County Governments?
4. What criteria should
   be used to allocate the resources from the Equalization Fund within
   a county?
5. What controls and
   safeguards should be put in place to prevent misuse and inappropriate
   application of funds at the county level?
6. What other taxes
   should a county government be allowed to raise?
7. What should be the
   criteria and requirements for the approval of loans and loan guarantees
   to county governments?
8. What sanctions should
   be applied to county governments for abuse and/or default in the repayment
   of loans?
9. Under what conditions/circumstances
   can national government intervene?
10. What procedures
    and practices should county governments apply to ensure sound budgeting
    and financial management?

Issue 4:
Political Governance, Leadership, Accountability and Integrity in County
Governments

1. What should be the
   qualifications, leadership qualities, and experience of the governor,
   senator, county assembly members and county executive members?
2. What should be the
   procedures for appointment and approval and removal of the county executive
   committee?
3. What should be the
   procedure for election of the County Speaker?
4. What kind of electoral
   processes will enhance political competition and choice at County level?
5. What should be the
   size and population of each ward in a county?
6. What should be the
   procedures for developing party lists for proportional representation?
7. How should the performance
   of the governor, deputy governor, senator, assembly speaker, assembly
   members, and executive committee be assessed and enforced?
8. How should a county
   be governed during suspension of the county government by the national
   government?
9. What transition
   procedures and institutions, if any, should there be to ensure continuity
   of county government?

Issue
5: Public Participation and Oversight and Protection of Minorities and
Marginalized Groups.

1. What criteria should
   be used to determine minorities and marginalized communities in counties?
2. How can minorities
   and marginalized groups in counties be protected?
3. What procedures
   should be put in place to ensure public participation and influence
   in county governments’ affairs?
4. What kind of oversight
   measures and checks should the public have to ensure performance and
   accountability by the county government?
5. What information
   and communication methods are required for the public to effectively
   participate in devolved governance?
6. How should members
   of the public receive feedback from the county governments?
7. How can Information
   Communication Technology (ICT) be utilized to promote good governance
   and accountability in counties?

CONSULTATIONS SCHEDULE

Areas leaders, Members of the
Public, Civil society, stakeholders and interested groups are therefore
invited to attend the consultations.

Memoranda and written views
can be submitted to the Task Force office located at;

• Bima House, 12^th
  floor, Harambee Avenue

P.O.
Box 30004-00100

NAIROBI

• Memoranda can
  also be submitted via email through; devolvedgovt@gmail.com,

devolvedgovt@localgovernment.go.ke

Contact Persons

Pauline Muriithia, Joint Secretary – 0722407514

Anthony Ombwayo, Joint Secretary – 0723125617

Angeline Hongo, Joint Secretary – 0722759769

Mutakha Kangu,

CHAIRMAN, TASK FORCE ON
DEVOLVED GOVERNMENT.