The County Government Act, 2012

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Bill status: 
Enacted into Law

AN ACT of Parliament to give effect to Chapter Eleven of the Constitution; to provide for county governments powers, functions, and responsibilities to deliver services and to provide for other connected purposes

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There is one thing that continues to be lost in the writing of most the bills, particularly those already completed, that is some of these bills completely ignore that the constitution is written for bi-level/devolved system of government (federal/Majimbo) where the two levels (county and national) are distinct but are interdependent. The County Government Bill, 2012, is like the “roof” of the county government. The foundation, walls, doors, windows, etc., are: a) security (NSC and NIS)-the county cannot create laws without an enforcement agency for those laws, the national and county governments should cooperate and coordinate all security matters and one level of the government is not subservient to another as the two security bills [NSC and NIS] appear suggest but must work together with distinct roles clearly spelt out; b) the land, which is the and livelihood of every Kenya. Each of the two levels has an important role to play and that the National Land Commissioner should not have unchecked powers that even the courts cannot touch on issues of land. The authors of most bills already presented for public input have tended to create institutions out of the well-established government structure. You find many commissions, committees with powers that are not checked by institutions with elected representatives of the people! The commissions/committees are not representing the larger good but small group of people that put them in place. Matters of land must be carefully drafted with multi-layer input and checks-and-balances built into it with county assembly and parliament playing their rightful role of being the final authorities in okaying huge transactions of public land to any “investor”. c) The two levels must work together and matters of finance (public finance management bill) must clearly differentiate the roles of the county as well as the national government and in which areas the two could co-operate. The archaic mentality where the central government believes of being in charge of everything, even “seconding” financial accounting officers and human resource personnel should not be included in the bill. If the counties could not get local accounting officers or any other personnel to its county public service, it will be at liberty to source from the national government. d) Other areas that are important to the county are agriculture, education, public service, energy and environment and natural resources. When the devolution bill is being debated and revised, we have to remember that this bill has it is, should come last after the areas I have indicated in points a) to d) above. • Some folks in the highest level of the country’s leadership are writing these bills with a mindset of one highly centralized government where the president is the law of the land. Coupled with this is the sad aspect ethnicity that has tinged the current leadership in every aspect one could imagine. This has kept most contributors/writers of these bills frozen to the leadership of the 60’s and 70’s. The most nagging issue influencing the writing of these bills, as it has also been the case with other sectors of the government, is the inability to accept the fact that we now have a devolved system of government. This same group of persons could have played a leading role in guiding the drafting of the constitution and in drawing the constitutional implementation schedule in the fifth schedule. How could anybody person separate the various components of the same issue, e.g., land! One finds that some sections are planned to be implemented within 18 months and others in are stretched over 5 years (communal land). Why should anybody want to rush to auction public land through NLC and be reluctant to write laws that protect community land and public land? How could land, as emotive as it is, be handed over to a national land commission with sweeping powers? Why has the same group of persons been silent on the issues of HISTORICAL LAND INJUSTICES, clearly stipulated in agenda #4 of the coalition agreement that brought peace and tranquility to the Republic of Kenya? How could any person in their right mind arrogate the NLC sweeping powers to even auction any piece of public land in any part of the country to the rich (“highest bidder”-Article (11)(1)(a)) even without involving counties where the land to be “auctioned” sits? All parts of Article (13) are open to abuse and should be re-written with stricter guidelines and oversight role provided by the county assembly and the national parliament. • Given that Kenya is highly ethnicized and with the various ethnic communities disproportionately endowed economically, caps should be placed on the activities of the NLC so that it does not turn over public and community land to individuals who could have amassed well due to their government-privileged positions over many years. We should not ignore the land problems that have been experienced since independence and the genesis of it, particularly in most parts of parts of Rift Valley and the Coast. The two Principals avoided addressing agenda #4, particularly the parts that touch on historical land injustices. • The term “stakeholders” has been overused in the land bill. The NCS, NIS appear allergic to the term “County” or “Governor”. These two Bills did not mention Governor yet the Governor is supposed to be person to chair all the county security teams! This should be clearly defined…e.g., county residents, leaseholder, etc. since “stakeholders” could be anybody. The NLC should require that the land leaseholders to publicly publish their company, list of board of management, board of directors, patron(s), etc., and should maintain an active website with active contact information to the public (The Data Protect Bill should ensure that individuals, group of persons or companies that buy or leases public land through NLC must be prepared to divulged all information related to them without hiding any information).

There are people circulating a supposed THE COUNTY GOVERNMENTS ACT, 2012 when there is no such Act as the President refused to assent to it. The said Act has a different section 52 and not what is on your website. This one has the section 52 from Parliament's amendments rejected by the President.

the bill is very silent about qualification of the County assembly rep;thisposition is very important and high academic qualification should be prescribed so as each ward send academic achievers thus hepling county in policy making to improve their lves!

This bill is mute on security roles to vest upon an elected Governor. Whereas the national government is in charge of external security, it is practically difficult to exclude an elected county government (& assembly) from key participation in internal security arrangements within county. The Constitution gives leeway to devise a practical and creative devolution system. An elected governor should be entitled to all security briefings pertaining to their respective county. They should also be empowered to some clearly defined security-related decision making. At worst, they should coordinate security matters affecting their county with the national government.

According to the constitution of kenya 2010, the education levels requirements for those interested in seeking political seats are defined as 'satisfactory' while in the elections act article 25 and in the county government bill they talk of post secondary school education, here the underpinning requirement becoming form four and above. I strongly challenge this interpretation as being descriminatory, dividing and denying equal participation in exercising political rights. If this is let to continue Kenya will have two classes; the led and leaders for ever.Kenyans who fail to go to high school in this country will never have an opportunity of becoming political leaders, those who went to high school but did not complete four years are as well excluded, those who went to village polytechniques are neither important. Does it mean the government does not trust its primary school education, doesnt the government appreciate the efforts of those who went to high school for more than two years? If form 4 is made the cutting edge what about those with KJCSE that was done in the second year. How then is it possible to certify people who never went to secondary school but booked an exam for the sake and got straight EEss in all subjects is this ethical. I propose therefore a review of the law and that an alternative vetting process be put in place to accomodate the interests of other competent aspirants. Self dropped out of school during the third year but later on picked my self and advanced myself and hold a diploma in community development and now working as a programmes officer for an NGO for many years now, dont I qualify to seek political office given that I did not do form 4?, the law should be changed.

we kenyans has passed the law of voting in the new constitution and now we believe to be reinforced implementation to serve its delegated purpose in tym so mr. president play ur part

I would like to know what happened to the County Government Bill? Has the president signed into law?

Please up date the act as signed by the president 5days ago.

Eleven of the Constitution; to provide for county governments powers, functions, and responsibilities to deliver services and to provide for other connected purposes may be is right

wonderful work


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