1. “GRIEVANCE REDRESS MECHANISMS PROVIDED IN THE CONSTITUTION OF KENYA, 2012 WITH A FOCUS ON NATIONAL AND COUNTY LEVEL REDRESS MECHANISMS” Kamotho Waiganjo

2. Intergovernmental Relations-foundation  Article 6 and189 The governments at the national and county levels are distinct BUT inter-dependent  shall conduct their mutual relations on the basis of consultation and cooperation.

3. potential conflict areas  Article 191 on conflict of laws – it applies to conflicts between national and county legislation in respect of matters falling within the concurrent jurisdiction of both levels of government  Revenue Sharing  Basis for equitable share  Conditional grants  Equalization fund usage  Borrowing anf guarantees  Donor relations  Schedule 4 on Function boundaries  Policy vs implementation  Shared/ concurrent functions

4. potential conflict areas  Functional Transfer  Initial transfer particularly on FFF  Article 187 transfers  Consequential decisions eg HR  Assets and liability transfers  Sharing of Natural Resources –  National and County  Inter county

5. potential conflict areas  County Boundaries – county boundaries are not properly defined by law  Stoppage of funds to county governments under Art 190  Suspension of counties

6. Mechanisms for Intergovernmental Dispute Resolution  Article 189 defines the scope and mechanisms for Intergovernmental Relations  autonomy and  inter-dependence “each level of government shall perform its functions, and exercise its powers, in a manner that respects the functional and institutional integrity of government at the other level, and respects the constitutional status and institutions of government at the other level and, in the case of county government, within the county level”

7. Dispute mechanisms  Constitutional requires settlement incl use of alternative dispute resolution mechanisms - negotiation, mediation and arbitration  Constitution anticipated creation of joint committees and joint authorities (Art 189)  Legislation provides specific mechanisms for consultation  Intergovernmental Relations Act  PFM Act on financial issues  County Government Act on sectoral issues National Government Coordination Act

8. Intergovernmental Relations Act  The Intergovernmental Relations Act creates the Summit and the Council of Governors.  The Summit is the apex body in terms of intergovernmental relations and dealings with matters thereto.  The Council of Governors is a forum for County Governors and dispute resolution is one of its key functions  The Act also creates sectoral consultative forums

9. Other IG mechanisms  PFM Act- Creates IBEC which deals with intergovernmental fiscal issues through consensus National Government Coordination Act-Mediations process where there's a conflict of roles/mandates by officers escalated to Summit  Transition to devolved Government Act-allows Senate to be final determinant on transfer of functions matters

10. Court System and ADR  The Court System - The Constitution also allows the National and County Governments to  seek advisory opinions on matters touching on county governments (Art. 163(6)  Determine disputes through court system (Art 191(5) and (6)  Further, section 35 of the Intergovernmental Government Relations Act allows for the filing of judicial proceedings in the event that the dispute resolutions mechanisms under the Act, fail.

11. Are these Mechanisms Sufficient?  Consensus Building - The Summit (being the Apex Body in Intergovernmental Relations) is largely a peer evaluation and consensus-building forum that brings together all the political heads of the national and county governments in the country. It is largely ineffective in the absence of consensus, which fundamentally defines its decisions.  Politics - The Summit/Council of Governors are political organs that might have some of its decisions being influenced by political affiliations and interests which if not bridled, can impact negatively on its mandates  The court as arbiter of political disputes??

12. Are these Mechanisms Sufficient?  Information Sharing – information sharing is the requisite bond that holds and also defines intergovernmental interactions as well as the standpoint from which synergy is created between and within the different levels of government.  TRUST and confidence building critical in ensuring quicker resolution of disputes. Missing component in ongoing relations  Political party as avenue for consensus building?  Use of existing institutions for mediation?