Sectoral Policy And Legislative Analysis

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Publisher Council of Governors (CoG)
Year of Publication 2017
County All/General

...The Council of Governors, as the forum for consultation amongst County Governments, brings together all the County Executive Committee Members (CECMs) who are in charge of implementation of the devolved functions. The CECMs have formed sectoral committees that ensure service delivery in all counties is harmonized by, among others, proposing uniform legislation in specific sectors, sharing best practices and capacity building. The committees have also been active in engaging the National Government through established intergovernmental sectoral forums. The Sectoral Forums of the County Governments under the auspices of the Council of Governors, met in Safari Park Hotel Nairobi between 4th and 6th June 2014 to consider policy and legislative proposals under their respective sectors with implications on devolution. The focus of the consultative forums was to make recommendations for better policy, legislative and institutional alignment. The forum appreciated the normative foundation of the devolved system of government under Article 6(2) of the Constitution which provides that the two levels of government are distinct but inter-dependent and shall conduct their mutual relations on the basis of consultation and cooperation. In realizing the objects of devolution under Article 174 of the Constitution, regular consultations based on good faith are inevitable. The format of the forum was thematic discussions under the County Sector Forums.From the June 2014 consultative meeting, memoranda were generated and sent to Parliament with proposed amendments on Bills and Acts of Parliament that had failed to recognize the role of County Governments. It is from this report that the Legislative Baseline was conceptualized. This Report is expected to harmonize legislation and policy and ensure that the same is reflective of devolution.The Council of Governors notes that in line with the spirit of consultation, it is critical that the National Government and County Governments continually dialogue in the formulation of laws and policies. Legislation developed must recognize the role of County Governments and must further respect the functional integrity of the Counties. We must be vigilant so that devolved functions are not clawed back; and their implementation must not be allowed to be stagnated by retrogressive laws and policies. The Consultative Conference of June 2014 revealed that it is important for CECMs to engage National Government and its agencies in a bid to ensuring that the transition to devolved governance is seamless. We gratefully acknowledge Ms. Nardos Bekele-Thomas on behalf of the United Nations Development Programme (UNDP) as our funding partners, for the technical and financial support availed to see to the successful development of this Report. As we progress into the third year of transition, our focus should be to consolidate the strides made in devolution and confront the remaining challenges. Our commitment is to the Constitution and to the Kenyan people.

Tags sectoral, policy, and, legislative, analysis, Sectoral policy and legislative analysis, Counties / General


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