1. Transitional Arrangements for County Governments
Patrick Karanja, CEO, IGRTC

2. Presentation outline Reasons for Transitions
Legal provisions for transition
Previous arrangements by Transition Authority
Assumption of office in 2017
County committee
Interagency team
Training
Assumption of office of Governor Bill, 2016

3. Reasons/circumstances for Transitions/Assumptions of Office
New Idea/organization/institution being introduced/established
Change in the system of Government; From Central Government and Local Authorities to National Government and County Governments.
New Employment
General Elections; In the case of county governments, it has been occasioned by the General Elections

4. Legal and Operational Arrangements for Assumption of Office in 2013
The CoK 2010 :
Section 15 of Sixth Schedule (Devolution of Functions)
Art.182(6): Governors hold office until another Governor assumes office
Art 198: ……The CEC, as last constituted remains competent to perform administrative functions until a new CEC is constituted after the election
CGA, 2012
Section 9(3) (swearing in of MCA by County Assembly Clerk)
Section 42(1)(CEC to remain in office until new CEC is constituted)

5. Institutions involved
IEBC: Declaration of results of the elections
Judiciary: appointment of judges to perform swearing in
Ministry of Interior: County Commissioners for security and operational matters
IGRTC: to coordinate the process
Assumption of the Office of Governor Committee

6. Previous Transition
2013 General Elections ushered in the County Governments.
Enactment of various devolution laws and repeal of Local Government Act, Cap 265
Commencement of operation of County Governments and dissolution of local authorities.

7. Arrangements for Assumption of Office in 2013 by TA
TDGA, 2012 established Transition Authority to provide a framework for transition to devolved government
It established an ad hoc committee to oversee the transition
The committee had joint chairpersons; the County Commissioner and the County Coordinator.
The County Secretary was the secretary to the Committee and responsible for taking minutes and keeping the records.
TA provided for financial support to refurbish the offices and procure some equipment for the ceremonies
Identified staff to start off counties on interim basis;
TA identified and gave advisory on office accommodation,

8. Initiatives in Place for 2017
IGRTC has constituted an inter-agency Technical Committee to train key County Staff on transition issues occasioned by 2017 General election
Membership of the Committee IGRTC, Kenya School of Government, Council of Governors, National Treasury, Controller of Budget, Auditor General, State Department of Devolution, State Department of Public Service, State Department of Interior, Kenya County Secretaries’ Forum, Society for Clerks at the Table (SOCATT), Centre for Parliamentary Studies and Training and the Senate

9. The inter agency team has developed a training curriculum to be used to train the key staff on managing the transition.
Key officers identified include
County Secretaries
Clerks of County Assemblies
County Directors, Legal Services
County Directors, Finance
These are officers in county public service and are relatively stable even during election time

10. Training Senior County officials on Training
They will provide leadership necessary to steward transition and ensure stability through this period.
They will be trained to handle issues with tact, knowledge and diplomacy particularly in times of tension and conflict.
Stability during this period is a function of the level of preparedness of officers guiding outgoing and incoming officials.
The training will acquaint them with constitutional provisions regulating handing over of office, as well as knowledge, perspectives and experiences in actual transitioning.
Officers who have previously overseen transition will share their experiences and enlighten the participants on possible challenges and pitfalls

11. Focus of training Ensuring stability during transition period
Safeguarding of public property
Delivery of critical services before, during and after election period

12. Preparations for the training so far
A three-day detailed curriculum prepared by the Inter-agency team.
Financial support sought from the National Treasury
Resource persons identified.
Training venue identified
Programme prepared
Invitations made
Discussions underway to firm the dates

13. Module: Creating stability during transition
Rationale for stability during transitions
Apply the requirement of the Assumption of Office of Governor Bill, 2016
Discuss their role in managing change
Propose solution to challenges during transitions.

14. Creating stability during transition
Session details:
Overview of Assumption of office of Governor Bill, 2016
Communication
Oaths and Affirmations
Ensuring stability
Managing change during transition
Role of Clerk during transition

15. Module: Continued service delivery during transition
Explain the constitutional and legal basis of continued service delivery during transition occasioned by the general elections.
Explain measures and activities to be undertaken to ensure that there is continued service delivery during transition period
Identify services that are critical and measures required to make sure they function uninterrupted
Mange and prepare staff of the county governments for continued service delivery during transition.

16. Continued service delivery during transition
Legal basis for service delivery
Public service
Values and principles of public service
Critical services
Challenges to continued service delivery
Measures to ensure continued service delivery
Change management.

17. Module: Safeguarding county government assets
Ensure that public assets are safeguarded from private use and risks from loss
Have all immovable assets recorded and properly accounted for during the period
Ensure that expenditure and commitments done on behalf of the county are for purposes authorized by law, within authorized amounts and adequately supported by documentary evidence.
Ensure all county records are all properly kept and secured
Ensure seamless transition before, during and after the General Elections

18. Safeguarding county government assets
Definition of assets and liabilities
Categories of assets
Types of liabilities
Expenditures and commitments
Roles of county secretaries and county clerks
Penalties and consequences on failure to safeguard assets

19. Assumption of the Office of Governor Bill, 2016
Bill still before Senate
Establishes an ad hoc Committee on the Assumption of the Office of Governor chaired by County Secretary.
The functions of the Committee are;
facilitate the handing over process by the outgoing Governor to the Governor-elect;
Organize for the security of the Governor-elect;
Organize for the necessary facilities and personnel for the Governor-elect; ;

20. Co-ordinate the briefings of the Governor-elect by relevant county public officers;
Facilitate communication between the outgoing Governor and the Governor-elect;
Prepare the programme and organize for the swearing-in ceremony

21. The swearing-in of the Governor-elect
The swearing-in of the Governor-elect shall be conducted in a public ceremony before the resident High Court Judge, or, in the absence of the resident High Court Judge, the resident Chief Magistrate.
The Governor-elect shall be sworn-in on the first Tuesday following the twenty-first day after the declaration of the result of the election of county governor.
The Governor-elect shall, during the swearing-in ceremony, take and subscribe to the oath or affirmation of office as prescribed in the Schedule.

22. The Oath or Affirmation under subsection shall be administered not earlier than am and not later than 2.00 pm.
Upon taking or subscribing to the oath or affirmation, the Governor shall sign a certificate of inauguration in the presence of the resident High Court Judge or in the absence of the resident High Court Judge, the resident Chief Magistrate

23. THANK YOU