1. PRESENTATION ON INTERGOVERNMENTAL RELATIONS MADE BY JACQUELINE MOGENI ON 14 TH /01/14

2. INTERGOVERNMENTAL RELATIONS  Intergovernmental relations are based on the principle of interdependence and cooperative governance spelt out under Articles 6 and 189 of the Constitution  Under Art. 6 (2) The governments at the national and county levels are distinct and inter-dependent but are required to conduct their mutual relations on the basis of consultation and cooperation.  Under Art. 189 (1) counties are required to; (a) 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  (b) assist, support and consult and, as appropriate, implement the legislation of the other level of government;  (c) liaise with government at the other level for the purpose of exchanging information, coordinating policies and administration and enhancing capacity.

3. INTERGOVERNMENTAL RELATIONS  Under Art.189 (2) Governments at each level, and different governments at the county level are required to co-operate in the performance of functions and exercise of powers  Intergovernmental relations are largely governed by the IGRA 2012.  This Act establishes a framework for consultation and co-operation between the national and county governments and amongst county governments;  The Act also establishes mechanisms for the resolution of intergovernmental disputes  It sets up intergovernmental structures including the summit, the technical committee and the secretariat to the technical committee

4. INTERGOVERNMENTAL RELATIONS  The Summit is the apex body for intergovernmental relations. It comprises the President, (chairperson) and the governors of the forty- seven counties.  The Act also establishes the Council of County Governors which consist of the governors of the forty-seven counties.  The Technical Committee is established to carry out the day to day administration of the Summit and of the Council  The Technical Committee may establish sectoral working groups or committees for the better carrying out of its functions.

5. INTERGOVERNMENTAL RELATIONS  These structures are put in place to: (a)facilitate the realization of the objects and principles of devolution provided for under Articles 174 and 175 of the Constitution; (b)facilitate co-operation and consultation between the national and the county governments and amongst county governments (c)provide a forum for co-ordinating governments' policies, legislation and functions; (d)provide a forum for sharing and disclosing of necessary data and information; (e)provide for mechanisms for the transfer of power, functions and competencies to either level of government; and (f)promote accountability between the two levels of government or amongst the county governments.

6. INTERGOVERNMENTAL RELATIONS Shared institutions  Inter-governmental relations also affect shared institutions.  Shared institutions serve and render services at and to both levels of government. For example; Under Article 131 (1) (a) of the Constitution, the President is both head of state and government. This means that as the head of state, the presidency is a shared institution serving the two levels of government.  Chapter 15 Commissions are by dint of their Constitutional functions and authority under Article 249(1) shared institutions since they render services to and at both levels of government.  Some of these institutions include;

7. INTERGOVERNMENTAL RELATIONS  The CRA- makes recommendations for the vertical and horizontal sharing of the revenue raised nationally which then provides a framework for the equitable shares for both levels of government and for each county; (Article 216 )  The Ethics and Anti-Corruption Commission is mandated under Article 79 to ensure compliance with and enforcement of the provisions on leadership and integrity set out in Chapter Six of the Constitution which binds state officers at both levels of government;  The Human Rights and Equality Commission is required under Article 59 to protect and enforce human rights at both the levels of government;  The NLC is mandated under Article 67 to manage public land on behalf of and to recommend a national land policy to be used in the administration and management of land by both levels of government;

8. INTERGOVERNMENTAL RELATIONS The PSC is required under Article 234 to promote the values and principles referred to in Articles 10 and 232 throughout the national public service; and to hear appeals from county public servants; The SRC is mandated under Article 230 with setting and regularly reviewing the remuneration and benefits of all state officers; and the advising of the national and county governments on the remuneration and benefits of all public officers; The IEBC is responsible for the conduct and supervision of referenda and elections to any elective body or office at both levels of government; The Offices of Controller of Budget and Auditor-General which oversee the implementation of the budgets of both levels governments under Article 228(4); authorize withdrawals from public funds under Articles 204, 206 and 207; and audit the accounts of both levels of government under Article 229.

9. THE END THANK YOU