Transitionto Devolved Government No 1of 2012New - as Plain Text by MWakili

LAWS OF KENYA The TransiTion To DevolveD GovernmenT acT, 2012 NO.

1 Of 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org 2 No.

1 Transition to Devolved Government [2012 THE TRANSITION TO DEVOLVED GOVERNMENT ACT, 2012 NO.

1 OF 2012 ARRANGEMENT OF SECTIONS Part IPrelImInary Section 1Short title.

2Interpretation.

3Object and purpose of the Act.

Part IItransItIon mechanIsm to DevolveD Government system 4Establishment of the Authority.

5Composition of the Authority.

6Appointment and qualications of chairperson and members.

7Functions of the Authority.

8Powers of the Authority.

9Appointment of secretary.

I 0Removal of secretary.

11Vacation of ofce.

12Removal from ofce.

13Filling of vacancy.

14Guiding principles.

15Monitoring of transition process.

16Transition Plan.

17Staff of the Authority.

18Oath of ofce.

19Election of the vice- chairperson.

20Committees of the Authority.

21Delegation by the Authority.

22Protection from personal liability.

Part IIIPhaseD transfer of functIons 23Procedure for phased transfer of functions.

24Criteria for transfer of function.

Part Iv ProGress anD annual rePorts 25Progress report.

2012] Transition to Devolved Government No.

13 26Annual Report.

27Access to information.

Part vfInancIal ProvIsIons 28Funds of the Authority.

29Financial year.

30Annual estimates.

31Accounts and audit.

Part vImIscellaneous ProvIsIons 32Duty to co-operate.

33Offences.

34Dispute resolution mechanism.

35Moratorium on transfer of assets.

36Regulations.

37Dissolution of the Authority.

FIRST SCHEDULEPROCEDURE FOR APPOINTMENT OF MEMBERS OF THE AUTHORITY SECOND SCHEDULEPROCEDURE FOR THE CONDUCT OF AFFAIRS OF THE AUTHORITY OATH/AFFIRMATION OF THE OFFICE THIRD SCHEDULE OATH/AFFIRMATION OF THE OFFICE OF CHAIRPERSON/ MEMBERS/ SECRETARY FOURTH SCHEDULETRANSITION PHASES 4 No.

1 Transition to Devolved Government [2012 THE TRANSITION TO DEVOLVED GOVERNMENT ACT, 2012 NO.

1 OF 2012 th Date of assent: 27 February, 2012 th Date of Commencement: 9 March, 2012 AN ACT of Parliament to provide a framework for the transition to devolved government pursuant to section 15 of the Sixth Schedule to the Constitution, and for connected purposes ENACTED by the Parliament of Kenya, as follows- Part IPrelImInary Short title.

1.

This Act may be cited as the Transition to Devolved Government Act, 2012.

Interpretation.

2.

(1) In this Act, unless the context otherwise requires- analysis of functions means the process and mechanism of reviewing and reassigning of functions, powers and competencies between the national government and county governments in accordance with the Constitution; Authority means the Transition Authority established under section 4; Cabinet Secretary means the Cabinet Secretary responsible for matters relating to devolution; Phase One means the period between commencement of this Act and the date of the rst election under the Constitution; Phase Two means the period between the date of the rst elections and three years after the rst elections under the Constitution; transition period means the period between commencement of this Act and three years after the rst elections under the Constitution.

(2) Until after the rst elections under the Constitution, references in this Act to Cabinet Secretary, State departments and Principal 2012] Transition to Devolved Government No.

15 Secretary shall be construed to mean Minister.

Ministries and Permanent Secretaries respectively.

3.

The object and purpose of this Act is to Object and purpose of the Act.

(a) provide a legal and institutional framework for a co- ordinated transition to the devolved system of government while ensuring continued delivery of services to citizens; (b) provide, pursuant to section 15 of the Sixth Schedule to the Constitution, for the transfer of powers and functions to the national and county governments; (c) provide mechanisms to ensure that the Commission for the Implementation of the Constitution performs its role in monitoring and overseeing the effective implementation of the devolved system of government effectively; (d) provide for policy and operational mechanisms during the transition period for audit, verication and transfer to the national and county governments of (i) assets and liabilities; (ii) human resources; (iii) government and local authorities; and (iv) pensions and other staff benets of employees of the any other connected matters; (e) provide for closure and transfer of public records; and (f) provide for the mechanism for capacity building requirements of the national government and the county governments and make proposals for the gaps to be addressed.

Part IItransItIon mechanIsm to DevolveD Government system 4.

(1) There is established an authority to be known as the Establishment of the Transition Authority.

Authority.

(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be 6 No.

1 Transition to Devolved Government [2012 capable of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and (c) doing or performing all such other things or acts for the proper discharge of its functions under the Constitution and this Act as may be lawfully done or performed by a body corporate.

Composition or the 5.

(1) The Authority shall comprise Authority.

(a) a chairperson and eight other members appointed by the President, in consultation with the Prime Minister and with the approval of the National Assembly as provided in the First Schedule to this Act; (b) the Principal Secretary, ofce of the President and Secretary to Cabinet; (c) the Principal Secretary in the State department responsible for matters relating to devolution; (d) the Principal Secretary in the State department service; responsible for the public service; (e) the Principal Secretary in the State department responsible for nance; (f) the Principal Secretary in the State department responsible for planning; (g) the Principal Secretary in the State department responsible for justice; (h) the Attorney-General who shall be an ex- ofcio member with no right to vote; and (i) the secretary appointed under section 9 who shall be an ex-ofcio member with no right to vote (2) The members of the Authority under paragraphs (b) to (h) of subsection (1) may designate an ofcer from their respective State department to represent them.

2012] Transition to Devolved Government No.

17 (3)The chairperson and members under paragraphs (a) and (i) of subsection (1) shall serve on a full-time basis.

6.

(1) The procedure for the appointment of the chairperson and Appointment and members of the Authority under section 5 (1) (a) shall be as set out in qualications of the First Schedule to this Act.

chairperson and members.

(2) A person shall be qualied for appointment as a chairperson under section 5 (1) (a) if such person (a) holds a masters degree from a university recognized in Kenya; (b) has a distinguished career in a senior management position in either the private or public sector; (c) holds at least ten years postqualication professional experience; and (d) satises the requirements of Chapter six of the Constitution.

(3) A person shall be qualied for appointment as a member of the Authority if such person (a) holds a degree from a university recognized in Kenya; (b) has a distinguished career in their respective eld; (c) has at least ten years postqualication professional experience; and (d) satises the requirements of Chapter Six of the Constitution.

(4) A person shall not be qualied for appointment as the chairperson or a member of the Authority if the person (a) is a member of Parliament or County Assembly; (b) is a member of a governing body of a political Party; (c) is an elected or nominated member of a local authority; (d) is a member of a Commission established under the Constitution; 8 No.

1 Transition to Devolved Government [2012 (e) is an undischarged bankrupt; (f) has been removed from ofce for contravening the Constitution or any other law; or (g) has, in the conduct of his affairs, not met any statutory obligations.

Functions of the 7.

(1) The Authority shall facilitate and co-ordinate the transition Authority.

to the devolved system of government as provided under section 15 of the Sixth Schedule to the Constitution.

(2) Despite the generality of subsection (1), the Authority shall (a) facilitate the analysis and the phased transfer of the functions provided under the Fourth Schedule to the Constitution to the national and county governments; (b) determine the resource requirements for each of the functions; (c) develop a framework for the comprehensive and effective transfer of functions as provided for under section 15 of the Sixth Schedule to the Constitution; (d) co-ordinate with the relevant State organ or public entity in order to (i) facilitate the development of the budget for county governments during Phase One of the transition period ; (ii) establish the status of ongoing reform processes, development programmes and projects and make recommendations on the management, reallocation or transfer to either level of government during the transition period; and (iii) ensure the successful transition to the devolved system of government; (e) prepare and validate an inventory of all the existing assets and liabilities of government, other public entities and local authorities; (f) make recommendations for the effective management of assets of the national and county governments; 2012] Transition to Devolved Government No.

19 (g) provide mechanisms for the transfer of assets which may include vetting the transfer of assets during the transitional period; (h) pursuant to section 15 (2) (b) of the Sixth Schedule to the Constitution, develop the criteria as may be necessary to determine the transfer of functions from the national to county governments, including (i) such criteria as may be necessary to guide the transfer of functions to county governments; and (ii) the criteria to determine the transfer of previously shared assets, liabilities and staff of the government and local authorities; (i) carry out an audit of the existing human resource of the Government and local authorities; (j) assess the capacity needs of national and county governments; (k) recommend the necessary measures required to ensure that the national and county governments have adequate capacity during the transition period to enable them undertake their assigned functions; (l) co-ordinate and facilitate the provision of support and assistance to national and county governments in building their capacity to govern and provide services effectively; (m) advise on the effective and efcient rationalization and deployment of the human resource to either level of government (n) submit monthly reports to the Commission for the Implementation of the Constitution and the Commission on Revenue Allocation on the progress in the implementation of the transition to the devolved system of government; (o) perform any other function as may be assigned by national legislation.

(3) The Authority shall, while undertaking its functions as 10 No.

1 Transition to Devolved Government [2012 specied under subsection (2), carry out the activities specied in respect of Phase One and Phase Two in the Fourth Schedule to this Act.

Powers of the 8.

(1) The Authority shall have all powers necessary for the proper Authority.

performance of its functions under this Act.

(2) Without prejudice to the generality of subsection (1), the Authority shall have powers to (a) gather relevant information, including the requisition of reports, records, documents or any information from any source, including State departments or public entities; (b) compel the production of any information required for the performance of its functions as and when necessary; (c) interview any person, groups or members of organizations or institutions; (d) hold inquiries and investigations for the purposes of performing its functions under this Act; (e) make recommendations and facilitate the distribution of assets to the national and county governments; and (f) undertake any activity necessary to effectively carry out its functions.

(3) The conduct and regulation of the business and affairs of the Authority shall be as set out in the Second Schedule to this Act.

(4) Except as provided in the Second Schedule to this Act, the Authority may regulate its own procedure.

Appointment of 9.

(1) The secretary shall be competitively recruited and appointed secretary.

by the Authority.

(2) A person shall qualify for appointment under subsection (1) if such person has at least (a) a masters degree from a university recognized in Kenya; (b) ten years experience in a management position; and (c) satises the requirements of Chapter six of the Constitution.

2012] Transition to Devolved Government No.

1 11 (3) The secretary appointed under subsection (1) shall be responsible for the day to day administration of the functions of the Authority.

(4) Despite the generality of subsection (3), the secretary shall be the accounting ofcer of the Authority and responsible to the Authority for (a) the implementation of the decisions of the Authority; (b) the formation and development of an efcient administration; (c) the organization, control and management of staff; (d) maintaining accurate records on nancial matters and resource use; (e) ensuring the drawing up and approval of the required budget; and (f) performing any other duties as may from time to time be assigned by the Authority.

10.

(1) The secretary may be removed from ofce by the Authority Removal of secretary.

in accordance with the terms and conditions of service for (a) inability to perform the functions of the ofce of secretary arising out of physical or mental incapacity; (b) gross misconduct or misbehavior; (c) incompetence or neglect of duty; (d) violation of the Constitution; or (e) any other ground that would justify removal from ofce under the terms and conditions of service.

(2) Before the secretary is removed under subsection (1), the secretary shall be given (a) sufcient notice of the allegations made against him or her; and (b) an opportunity to present his or her defence against the allegations.

12 No.

1 Transition to Devolved Government [2012 Vacation of ofce.

11.

A person shall cease to be a member of the Authority if such person (a) resigns in writing, addressed, in case of the chairperson to the President and in the case of any other member, to the Cabinet Secretary; (b) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; (c) is declared bankrupt; (d) is unable to perform the functions of his ofce by reason of mental or physical inrmity; or (e) dies.

12.

(1) The chairperson or a member of the Authority may be Removal from ofce.

removed from ofce only for (a) violation of the Constitution or any other law, including a contravention of Chapter Six of the Constitution; (b) gross misconduct, whether in the performance of the members or ofce holders functions or otherwise; (c) physical or mental incapacity to perform the functions of ofce; (d) incompetence or neglect of duty; or (e) bankruptcy.

(2) A person desiring the removal of a member of the Authority on any ground specied in subsection (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.

(3)The National Assembly shall consider the petition and shall, through a resolution, if satised that it discloses a ground under subsection (1), forward it to the President.

(4) On receiving a petition under subsection (3), the President (a) may suspend the member pending te outcome of the complaint; and (b) shall appoint a tribunal in accordance with subsection (5).

2012] Transition to Devolved Government No.

1 13 (5)The tribunal shall comprise (a) a chairperson, who shall be a person who holds or has held, ofce as a judge of a Supreme Court or Court of Appeal; (b) at least two persons, who shall be persons who are qualied to be appointed as judges of a superior court; and (c) one other person who is qualied to assess the facts in respect of the particular ground for removal.

(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a recommendation to the President.

(7) The Tribunal shall accord the person under investigation sufcient hearing and the person may be represented by a person of his or her own choice, qualied in respect of the ground of removal.

(8) The President shall be bound by the recommendation made by the tribunal under subsection (6), and shall within thirty days take the necessary action.

(9) A person suspended under this section shall continue to receive one-half of the remuneration and benets of the ofce during the period of suspension.

13.

Where a vacancy occurs in the membership of the Authority Filling of vacancy.

under section 11 or 12, the appointment procedure provided for under this Act shall apply.

14.

In the performance of its functions or the exercise of the Guiding Principles.

powers conferred by this Act, the Authority shall (a) perform its functions subject to the Constitution; (b) be accountable to the people of Kenya and ensure their participation in the transition process; (c) facilitate the transition to the devolved system of government in a transparent, objective and fair manner; (d) promote and sustain fair procedures in its operations; 14 No.

1 Transition to Devolved Government [2012 (e) ensure technical and administrative competence for the better carrying out of its functions; (f) be non-partisan and non-political in its operations; and (g) apply and promote national values and principles provided under the Constitution.

Monitoring of 15.

The Commission for the Implementation of the Constitution transition process.

shall, pursuant to section 15 (d) of the Sixth Schedule to the Constitution, monitor and oversee the transition process to devolved government.

Transitional plan 16.

(1) The Authority shall issue guidelines to State implementation plans.

(2) The Cabinet Secretary of a State department or, in the case of a public entity, an authorized ofcer shall submit to the Authority and the Commission for the Implementation of the Constitution a transition plan within a period specied by the Commission for the Implementation of the Constitution.

(3) After the rst elections under the Constitution, each County government shall submit, to the Authority and the Commission for the Implementation of the Constitution, a transition plan and progress reports within a period specied by the Commission for the Implementation of the Constitution.

(4) The Commission for the Implementation of the Constitution (a) shall monitor the progress of the implementation of the transition plans; and (b) may require the relevant State department to submit progress reports to it.

(5) A State organ, public entity or a county government shall, after the rst elections under the Constitution, transmit copies of the transition plan and progress reports under subsection (2) and (3) to the National and County Government Co-ordinating Summit and the Council of County Governors.

Staff of the Authority.

17.

(1) The Authority may appoint such staff as may be necessary for the proper discharge of its functions under this Act.

(2) The staff appointed under subsection (1) shall serve on such terms and conditions of service as the Authority determines subject to the advice of the Salaries and Remuneration Commission.

2012] Transition to Devolved Government No.

1 15 (3) A public ofcer seconded to the Authority shall, during the period of secondment, be deemed to be an ofcer of the Authority and shall be subject only to the direction and control of the Authority.

(4) Every member and employee of the Authority shall sign a condentiality agreement.

18.

The chairperson, members and secretary of the Authority Oath of ofce.

shall each take and subscribe to the oath or afrmation as set out in the Third Schedule to this Act.

19.(1) The chairperson shall, within seven days of the appointment Election of the Vice- chairman.

of the members, convene the rst meeting of the Authority in which the members shall elect the vice- chairperson of the Authority from amongst the members appointed under section 5(a).

(2) The chairperson and the vice-chairperson shall be of opposite gender.

(3) Whenever a vacancy occurs in the ofce of the vice- chairperson, the provisions of this section shall, with the necessary modications, apply to the lling of the vacancy.

20.

(1) The Authority may establish such committees as it may Committees of the consider necessary for the performance of its functions and the exercise Authority.

of its powers under this Act.

(2) The Authority may co-opt into the membership of committees established under subsection (1), other persons whose knowledge and skills are found necessary for the functions of the Authority.

21.

The Authority may, by resolution either generally or in any Delegation by the particular case, delegate to any committee or member of the Authority Authority.

or to any ofcer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions or duties of the Authority under this Act or under any other written law.

22.

No matter or thing done by a member of the Authority or any Protection from ofcer, employee or agent of the Authority shall, if the matter or thing is Personal Liability done in good faith for executing the functions, powers or duties of the Committees render the member, ofcer, employee or agent personally liable to any action, claim or demand whatsoever.

16 No.

1 Transition to Devolved Government [2012 Part IIIPhaseD transfer of functIons Procedure for phased 23.

(1) The Authority shall, by notice in the Gazette at least transfer of functions.

thirty days before the rst elections under the Constitution, identify functions which may be transferred to the county governments immediately after the rst elections under the Constitution.

(2) After the initial transfer of functions under subsection (1), every county government shall make a request in the prescribed manner to the Authority for transfer of other functions in accordance with section 15 of the Sixth Schedule to the Constitution.

(3) The Authority shall, upon the request of a county government under subsection (2), determine whether a county government meets the criteria set out under section 24, to allow the transfer of a function.

(4) The Authority shall (a) consider and dispose of any application under subsection (2); and (b) make its determination within sixty days of receipt of such an application.

(5) The decision of the Authority under subsection (4) shall be based on the criteria for transfer of functions, provided under section 24.

(6) Where the Authority determines that a county government does not meet the criteria for the transfer of function under section 24, it shall propose clear and practical measures to build the capacity of the county government during the transition period to enable the county government undertake its functions within the shortest time possible.

(7) A county government may appeal to the Senate against a decision made under subsection (6).

(8) A decision of the Senate on the appeal, by majority vote in accordance with Article 123 of the Constitution, shall be binding on the Authority.

Criteria for transfer 24.

(1) Subject to section 23, the criteria for the transfer of of function.

functions shall include (a) whether there is in existence legislation relating to the function applied for; 2012] Transition to Devolved Government No.

1 17 (b) whether a framework for service delivery has been put into place to implement the function; (c) whether, where applicable, the county government has identied or established administrative units related to the function; (d) whether the county government has undertaken a capacity assessment in relation to the function; (e) the arrangements for and the extent of further decentralization of the function and provision of related services by the county government; (f) whether there is the required infrastructure and systems to deliver the function; (g) whether the county government has the necessary nancial management systems in place; (h) whether the county government has an approved plan in relation to the function; (i) and any other variable as may be prescribed after consultations between the Authority, county governments and the Commission for the Implementation of the Constitution and the Commission on Revenue Allocation.

(2) The Authority shall perform the functions specied under subsection (1) in accordance with Article 187 of the Constitution.

Part IvProGress anD annual rePorts 25.

(1) The Authority shall, in every three months, submit a Progress report progress report to the President, Parliament, the Commission for the Implementation of the Constitution and Commission on Revenue Allocation.

(2) The progress report shall include (a) the status on transfer of functions to county governments; (b) any impediments to the transition programme; (c) recommendations to address specic concerns identied by the Authority ; and (d) any other information of concern relating to the functions of the Authority.

(3) The Authority shall publish its progress report in the Gazette and in such other accessible manner as it may determine.

18 No.

1 Transition to Devolved Government [2012 (4) For the period after the announcement of the results of the rst elections as contemplated by section 2 of the Sixth Schedule to the Constitution, the Authority shall submit the progress report to Parliament and to the relevant county assemblies and county executives committees.

Report.

26.

(1) The Authority shall cause to be prepared an annual report of its activities for each nancial year.

(2) The annual report shall contain, in respect of the year to which it relates (a) the nancial statements; (b) a description of the activities; (c) details of the work plan; (d) details of applications for transfer of functions submitted to it and the outcome; (e) such other statistical information relating to the functions as the Authority may consider appropriate; and (f) any other information relating to the functions that the Authority considers necessary.

(3) Prior to the rst elections under the Constitution, the Authority shall submit the annual report to the President, Parliament, the Commission for the Implementation of the Constitution and the Commission on Revenue Allocation.

(4) After the rst elections under the Constitution, the Authority shall submit the annual report to the President, Parliament, the County Assemblies, the Council of Governors, the Commission for the Implementation of the Constitution and Commission on Revenue Allocation within three months after the end of the year to which it relates.

(5) The Authority shall publish and publicise the annual report as submitted under this section in such manner as the Authority may determine.

Access to 27.

(1) A person may request the Authority for any information information.

relating to its functions in accordance with Article 35 of the Constitution or any other written law.

(2) A request for any information under subsection (1) 2012] Transition to Devolved Government No.

1 19 (a) shall be addressed to the secretary or such other person as the Authority may for that purpose designate; (b) may be subject to the payment of a reasonable fee; and (c) shall be subject to condentiality requirements of the Authority.

(3) Subject to Article 35 of the Constitution, the Authority may decline to give information to an applicant on grounds that (a) the request is unreasonable in the circumstances; (b) the information requested is at a deliberative stage by the Authority; (c) a person has refused to pay the prescribed fee; or (d) the applicant has failed to satisfy condentiality requirements of the Authority.

Part vfInancIal ProvIsIons 28 (1) The funds of the Authority shall comprise Funds of the (a) such sums as may be appropriated by Parliament towards Authority the expenditure of the Authority in the performance of its functions and exercise of its powers; (b) such fees, monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act or any written law; and (c) all monies from any other lawful source provided for, donated or lent to the Authority.

(2) Parliament shall allocate adequate funds to enable the Authority perform its functions.

(3) The receipts, earnings or accruals of the Authority and the balances at the close of each nancial year shall, subject to the law relating to nancial management, not be paid into the Consolidated Fund but shall be retained for purposes of this Act.

29.

The nancial year of the Authority shall be the period of Financial year.

twelve months ending on the thirtieth June in each year.

30.

(1) At least three months before the commencement of each Annual Estimates.

nancial year, the Authority shall cause, to be prepared estimates of the revenue and expenditure of the Authority for that year.

20 No.

1 Transition to Devolved Government [2012 (2) The annual estimates shall make provision for all estimated expenditure of the Authority for the nancial year and in particular, the estimates shall include (a) the payment of the salaries, allowances and other charges in respect of members and staff of the Authority; (b) the payment of pensions, gratuities and other charges in respect of staff of the Authority; (c) the proper maintenance of the buildings and grounds of the Authority; (d) the maintenance, repair and replacement of the equipment and other property of the Authority; (e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benets, insurance or replacement of buildings or equipment, or in respect of such other matter as the Authority may deem appropriate; and (f) any other general expenditure relating to the operations of the Authority.

(3) The annual estimates shall be approved by the Authority before the commencement of the nancial year to which they relate and shall be submitted to the Cabinet Secretary for tabling in Parliament.

(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subsection (3).

Accounts and audit.

31.

(1) The Authority shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Authority.

(2) Within a period of three months after the end of each nancial year, the Authority shall submit to the Auditor-General or to an auditor appointed by the Auditor General, the accounts of the Authority together with (a) a statement of the income and expenditure of the Authority during that year; and (b) a balance sheet of the Authority as at the last day of that year.

(3) The nancial statements of the Authority shall be in such form as may be prescribed in accordance with the law relating to public nancial management.

2012] Transition to Devolved Government No.

1 21 (4) The Authority shall submit or cause to be submitted to the Commission on Revenue Allocation and the Controller of Budgets copies of the nancial statements of the Authority.

(5)The accounts of the Authority shall be audited and reported upon in accordance with the Public Audit Act, 2003, No.

12 of 2003.

Part vImIscellaneous ProvIsIons 32.

A State organ, State ofce or public ofce responsible for a Duty to co-operate.

matter in question before the Authority shall co-operate to ensure the successful completion of the transition to devolved government and shall in particular (a) respond to any inquiry made by the Authority; (b) furnish the Authority with periodic reports as to the status of transition in respect of the question raised; and (c) provide any other information that the Authority may require in the performance of its functions under this Act or in any other written law.

33.

(1) A person who Offences.

(a) without justication or lawful excuse, obstructs, hinders or threatens a member, an ofcer, employee or agent of the Authority acting under this Act; (b) submits false or misleading information to the Authority; or (c) makes a false representation to, or knowingly misleads a member, an ofcer, employee or agent of the Authority acting under this Act, commits an offence and shall be liable, on conviction, to a ne of not less than ve hundred thousand shillings or to imprisonment for a term of not less than two years, or to both.

(2) A person who transfers assets without obtaining the requisite approval under section 36 or contrary to the mechanism provided by the Authority under section 7 (2) (g) commits an offence and shall be liable, on conviction, to a ne not exceeding ten million shillings or to imprisonment for a term not exceeding seven years, or to both.

22 No.

1 Transition to Devolved Government [2012 Dispute resolution 34.

A dispute regarding the performance by the Authority of its mechanism.

functions under this section shall be resolved using the procedure set out in the law relating to intergovernmental relations.

Moratorium on 35.

(1) A State organ, public ofce, public entity or local authority Minster of assets.

shall not transfer assets and liabilities during the transition period.

(2) Despite subsection (1), a State organ, public ofce, public entity or local authority shall (a) during Phase One, transfer assets or liabilities with the approval of the Authority, in consultation with the National Treasury, the Commission on Revenue Allocation, the Ministry of Local Government and the Ministry of Lands; or (b) during Phase Two, transfer assets or liabilities with the approval of the Authority, in consultation with the National Treasury, the Commission on Revenue Allocation and the Cabinet Secretary responsible for matters relating to intergovernmental relations; and (c) transfer immovable property, with the approval of the Authority, in consultation with the National Treasury, the Commission on Revenue Allocation and the Cabinet Secretary responsible for matters relating to intergovernmental relations and lands.

(3) The Authority may, on its own motion or on a petition by any person, review or reverse any irregular transfer of assets or liabilities in contravention of subsection (1).

(4) Any transfer of assets or liabilities made in contravention of subsection (1) shall be invalid.

Regulations.

36.

The Authority may, in consultation with the Cabinet Secretary, make regulations for the better carrying out of its functions under this Act.

Dissolution of the 37.

(1)The Authority shall stand dissolved three years after the Authority.

rst general elections under the Constitution or upon the full transition to county governments, whichever is the earlier.

(2) Upon the dissolution of the Authority under this Act, this Act shall lapse.

(3) During the period specied in subsections (1), the Authority shall ensure that its affairs are wound up in an orderly manner and, in particular shall ensure that 2012] Transition to Devolved Government No.

1 23 (a) those aspects of its work that will be of value to other institutions are preserved, documented and transferred to the relevant institution; and (b) its les and records are preserved and transferred to the National and County Governments Coordinating Summit.

(4) Upon the dissolution of the Authority (a) the net assets and liabilities of the Authority shall, subject to paragraph (b) become assets and liabilities of the National and County Government Co-ordinating Summit established under the law relating to intergovernmental relations; and (b) any monies held by the Authority shall be paid into the Consolidated Fund.

(5) The terms of the chairperson and members shall expire upon dissolution of the Authority.

(6) Despite subsection (1), the secretary and staff of the Authority may remain for a further period of thirty days upon dissolution only for the purposes of winding up the affairs of the Authority.

FIRST SCHEDULE (s.6) PROCEDURE FOR APPOINTMENT OF MEMBERS OF THE AUTHORITY 1.

Within fourteen days of the commencement of this Act, or of the occurrence of a vacancy in the ofce of the Chairperson or member, the Public Service Commission shall, by notice in the Gazette and in at least two newspapers of national circulation, declare vacancies in the Authority, inviting applications from qualied persons and competitively convene a selection panel for the purpose of selecting suitable candidates for appointment as the chairperson or members under clause 5 (1) (a).

2.

The panel shall comprise a chairperson and six members drawn from public and private sectors and civil society.

3.

An application in respect of a vacancy declared under paragraph I shall be forwarded to the panel within seven days of the publication of the notice and may be made by (a) any qualied person; or 24 No.

1 Transition to Devolved Government [2012 (b) any, person, organization or group of persons proposing the nomination of any qualied person.

4.

The panel shall, subject to this section, determine its own procedure and the Public Service Commission shall provide it with such facilities and other support as it may require for the discharge of its functions.

5.

The panel shall consider the applications and shortlist and publish the names and qualications of all shortlisted applicants in the Gazette and two daily newspapers of national circulation within seven days from the last day of receipt of the applications under paragraph 3.

6.

The Panel shall interview the shortlisted applicants within fourteen days from the date of publication of the list of shortlisted applicants under paragraph 5.

7.

After carrying out the interviews, the panel shall select the three persons qualied to be appointed as chairperson and thirteen persons qualied to be members of the Authority and forward the names to the President.

8.

The President shall, within seven days of receipt of the names forwarded under subsection (6), nominate a chairperson and other members of the Authority and forward the names of the nominees to the National Assembly.

9.

The National Assembly shall, within twenty one days of the day it next sits after receipt of the names of the nominees under subsection (8), consider all nominations and may approve or reject any nomination.

10.

Where the National Assembly approves the nominees, the Speaker shall forward the names of the approved nominees to the President for appointment.

11.

The President shall, within seven days of the receipt of the approved nominees from the National Assembly, by notice in the Gazette, appoint the chairperson and members approved by the National Assembly.

12.

Where the National Assembly rejects any nomination, the Speaker shall communicate the decision to the President who shall submit fresh nominations and the procedure set out under this section shall with necessary modications, apply.

13.

For the purposes of the appointment of the rst Authority and lling of any vacancy in the Authority before the rst general 2012] Transition to Devolved Government No.

1 25 elections after the commencement of this Act, the President shall act in consultation with the Prime Minister.

14.

Despite the foregoing provisions of this section, the President, in consultation with the Prime Minister may, by notice in the Gazette, extend the period specied in respect of any matter under this section by a period not exceeding twenty-one days.

15.

In selecting, nominating, approving or appointing the chairperson and members of the Authority, the selection panel, the National Assembly, the President and the Prime Minister shall (a) ensure that the Authority reects the regional and other diversities of the people of Kenya and that not more than two thirds of the members are of the same gender; and (b) have due regard to the required experience and expertise.

16.

The term of the Panel constituted under paragraph 2 shall expire upon the appointment of the members for which the panel was constituted under this Schedule.

SECOND SCHEDULE (s.8 (3) ) PROCEDURE FOR THE CONDUCT OF AFFAIRS OF THE AUTHORITY 1.

(1) The Authority shall, at its rst meeting, elect a vice- Meetings.

chairperson from amongst its members appointed under section 5(a).

(2) The chairperson and the vice-chairperson shall be of opposite gender.

(3) The Authority shall meet not less than four times in every nancial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.

(4) Notwithstanding subparagraph (1), the chairperson may, and upon requisition in writing by at least ve members shall, convene a special meeting of the Authority at any time for the transaction of the business of the Authority.

(5) Unless three quarters of the total members of the Authority otherwise agree, at least fourteen days written notice of every meeting of the Authority shall be given to every member of the Authority.

26 No.

1 Transition to Devolved Government [2012 (6) The quorum for the conduct of the business of the Authority shall be a third of the total members including the person presiding.

(7) The chairperson or in his absence, the vice-chairperson, shall (a) preside over all meetings of the Authority; (b) be the spokesperson for the Authority; and (c) supervise and direct the work of the Authority.

(8) If the ofce of chairperson becomes vacant or if the chairperson is unable to exercise the powers or perform the functions of his ofce owing to absence, illness or any other cause, the vice- chairperson shall exercise those powers or perform those functions.

(9) Unless a unanimous decision is reached, a decision on any matter before the Authority shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

(10) Subject to subparagraph (6), no proceedings of the Authority shall be invalid by reason only of a vacancy among the members thereof.

(11) Subject to the provisions of this Schedule, the Authority may determine its own procedure and the procedure for any committee of the Authority and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

Committees to the 2.

(1) The Authority may establish such committees as it may Authority.

deem appropriate to perform such functions and responsibilities as it may determine.

(2) The Authority shall appoint the chairperson of a committee established under subparagraph (1) from amongst its members.

(3) The Authority may where it deems appropriate, co-op any person to attend the deliberations of any of its committees.

(4) All decisions by the committees appointed under subsection (1) shall be ratied by the Authority.

Disclosure of interest.

3.

(1) A member who has an interest in any contract, or other matter present at a meeting shall at the meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any question with respect to the contract or other matter, or 2012] Transition to Devolved Government No.

1 27 be counted in the quorum of the meeting during consideration of the matter.

(2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.

(3) A member of the Authority who contravenes subparagraph (1) commits an offence and is liable to a ne not exceeding two hundred thousand shillings.

4.

Any contract or instrument which, if entered into or executed Contracts and by a person not being a body corporate, would not.

require to be under instruments.

seal may be entered into or executed on behalf of the Authority by any person generally or specially authorized by the Authority for that purpose.

THIRD SCHEDULE (s.18) OATH/AFFIRMATION OF THE OFFICE OF CHAIRPERSON /MEMBERS/SECREETARY I .having been appointed (the chairperson/member/secretary) to the Transition Authority, do swear/ solemnly afrm that I will at all times obey, respect .and uphold the Constitution of Kenya and all other laws of the Republic; that I will faithfully and fully, impartially and to the best of my knowledge and ability, discharge trust, perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection, or prejudice.

(SO HELP ME GOD).

Sworn/declared by the said.

Before me this day .of 20 Chief Justice.

28 No.

1 Transition to Devolved Government [2012 FOURTH SCHEDULE 7(3)) TRANSITION PHASES Phase One 1.

During Phase One of the transition period, the Authority shall carry out the following activities (a) audit assets and liabilities of the government, to establish the asset, debts and liabilities of the government; (b) audit assets and liabilities of local authorities, to establish the asset, debts and liabilities of each Local Authority; (c) audit local authority infrastructure in the counties, to establish the number and functionality of plant and equipment in Local Authorities; (d) audit the government infrastructure in the counties, to establish the number and functionality of plant and equipment for the purpose of vesting them to either level of government; (e) audit the government staff in counties, to establish the number of staff in each county by cadre, grades, gender, age and qualication; (f) audit the Local Authority staff in the counties, to establish the number of local authority staff in each county by cadre, grades, gender, age & qualication; (g) facilitate civic education, to ensure civic education on devolution is commenced and coordinated; (h) facilitate the initial preparation of county budgets, to ensure such budgets are agreed upon; (i) facilitate the preparation of county proles, to ensure that the proles of counties are produced published and publicized; carry out an analysis of functions and competency assignment and ensure plan for distribution of functions and competency is published & necessary Acts amended; (j) carry out an analysis of functions and competency assignment and ensure plan for distribution of functions and competency is published & necessary Acts amended; (k) provide mechanism for closure and transfer of public records and information; (l) facilitate the development of county public nance 2012] Transition to Devolved Government No.

1 29 management system; (m) provide a mechanism for the transition of government and local authority employees; (n) provide for a mechanism for the transfer of government net assets and liabilities to national and county governments; (o) provide mechanisms for the transfer of assets and liabilities which may include vetting the transfer of assets during the transitional period; (p) provide for a mechanism that will secure assets and liabilities held by the Local Authorities; and (q) any other activity that may be necessary to carry out its functions.

Phase Two (s.

7(3)) 1.

During Phase Two of the transition period the Authority shall carry out the following activities (a) complete any activity that may be outstanding from Phase One; (b) oversee the transfer of functions from the national government to the county government; (c) facilitate the county governments in the performance of their functions; (d) any other activity that may be necessary to enable county governments carry out their functions.

30 No.

1 Transition to Devolved Government [2012 [Subsidiary] L.N.

16/2013.

SUBSIDIARY LEGISLATION TRANSFERRED FUNCTIONS IN EXERCISE of the powers conferred by section 23(1) of the Transition to Devolved Government Act, 2012, the Transition Authority identies functions listed in the Schedule to be functions that may be transferred to county governments immediately after the rst elections under the Constitution: Provided that: (a) these functions are in addition to the executive, legislative and nancial functions provided through the establishment of the County Executive and County Assembly; and (b) the functions provided for under paragraph 2(a) of the Schedule are limited to health services being provided by the relevant municipalities of the specied counties in the said paragraph.

SCHEDULE 1.

Agriculture: (a) livestock sale yards; (b) county abattoirs/slaughter house services.

2.

County Health Services: (a) county health facilities and pharmacies (specic to Nairobi County, Kisumu County , Mombasa County, Nakuru County and Uasin Gishu County); (b) ambulance services ( specic to Nairobi, Kisumu, Mombasa, Nakuru, Uasin Gishu Counties); (c) cemeteries, Funeral Parlors/ Mortuary services and Crematoria Services; (d) refuse removal, refuse dumps and solid waste disposal.

3.

Control of outdoor advertising: 4.

Cultural services, public entertainment and public amenities but limited to: (a) betting services; (b) liquor licensing; 2012] Transition to Devolved Government No.

1 31 (c) video shows and hiring; [Subsidiary] (d) sports and cultural activities and facilities; (e) county parks, beaches and recreation facilities.

5.

County Transport: (a) access roads; (b) street lighting; (c) trafc and parking.

6.

Animal control and Welfare: (a) licensing of dogs; (b) facilities for the accommodation, care and burial of animals 7.

Trade development and regulations: (a) markets; (b) trade licensing (excluding regulation of professionals); (c) local tourism.

8.

County planning and development: (a) land survey and mapping; and (b) housing.

9.

Pre-primary education, home-craft centre and childcare facilities.

10.

Implementation of specic national government policies on natural resources and environment conservation: (a) protection of water springs; (b) protection of wells and dams.

11.

County public works and services specic to storm water management systems in built-up areas.

12.

Fire ghting services and disaster management.

13.

Control of drugs and pornography.

32 No.

1 Transition to Devolved Government [2012 [Subsidiary] L.N.

45/2013.

THE TRANSITION TO DEVOLVED GOVERNMENT (TRANSFER OF ASSETS AND LIABILITIES) REGULATIONS, 2013 Citation.

1.

These Regulations may be cited as the Transition to Devolved Government (Transfer of Assets and Liabilities) Regulations, 2013.

Interpretation.

2.

In these Regulations, unless the context otherwise requires Act means the Transition to Devolved Government Act, 2012; entity;asset means a thing whether tangible or intangible owned by public Committee means the technical committee established under regulation 4 of these Regulations; market value means the price of an asset in an open and competitive market; public entity includes a national government entity, county government entity, a State organ, public ofce or a local authority; public participation means the involvement of the public in the decision making process; and transfer means the handing over of legal possession or control of an asset or liability.

Establishment 3.

There is established a committee to be known as the Technical of Technical Committee of the Authority.

Committee.

Membership of 4.

(1) The Committee shall consist of Committee.

(a) two members of the Authority; (b) the Principal Secretary for the time being responsible for matters relating to devolution; (c) the Principal Secretary for the time being responsible for matters relating to nance; (d) the Principal Secretary for the time being responsible for matters relating to land; (e) the Chairperson of the Revenue Allocation Commission; (f) the Chairperson of the Commission for Implementation of the Constitution; 2012] Transition to Devolved Government No.

1 33 [Subsidiary] (g) the Attorney -General; (h) the Chairperson of the National Land Commission; (i) the Chairperson of the Ethics and Anti-Corruption Commission; (j) the Director-General of the Public Procurement Authority; (k) the Auditor General; and (l) two persons, who shall not be public ofcers and shall be appointed by the Authority.

(2) The members of the Committee under sub-paragraphs (b) to (k) of paragraph (1) may designate an ofcer from their respective State department to represent them.

(3) The Authority may co-opt any other members into the Committee as may be necessary.

5.

The functions of the Committee shall be to Functions of the (a) facilitate an audit of public assets and liabilities and to advise the Committee.

Authority; (b) prepare , validate and submit an inventory of public assets and liabilities to the Authority; (c) advise the Authority on the transfer of shared assets and liabilities; and (d) recommend to the Authority the review or reversal of irregular transfer of assets and liabilities by public entities during the transition period.

6.

The Committee shall have the delegated powers of the Authority to Powers of the (a) gather relevant information, including the requisition of reports, Committee.

records, documents or any information from any source, including State departments or public entities; (b) compel the production of any information required for the performance of its functions as and when necessary; (c) interview any person, groups or members of organizations or institutions; (d) hold inquiries and investigations for the purposes of performing its functions under this Act; 34 No.

1 Transition to Devolved Government [2012 [Subsidiary] (e) make recommendations and facilitate the distribution of assets to the national and county governments; and (f) undertake any activity necessary to effectively carry out its functions.

Audit of public assets 7.

(1) The Authority may engage a qualied person or rm to carry out and liabilities.

the audit of assets and liabilities in public entities.

(2) A person or rm engaged to carry out the audit of assets and liabilities shall prepare and submit the inventory of the public assets and liabilities to the Authority.

(3) The Authority shall publish an inventory of all public assets and liabilities in the Gazette.

Application to 8.

(1) A public entity shall make an application, to transfer a public asset or transfer a public asset liability, to the Authority in the Form set out in the Schedule to these Regulations.

or liability.

(2) An application under this regulation shall be accompanied by the following additional information (a) information that there has been public participation in making the decision to transfer the asset or liability; (b) a summary of the comments received from the public under sub- paragraph (a); (c) the value of the asset to be transferred; (d) the value for which the asset is proposed to be transferred; (e) an independent valuation of the asset, by a registered professional; (f) a statement of the original purpose for which the asset or liability was acquired; (g) the implication of the proposed transfer of the asset or liability; and (h) information on how the public entity has complied with legal requirements for transfer of public assets and liabilities.

Instances where an 9.

(1) Subject to section (8),the Authority may approve the transfer of application may an asset or liability, where be considered for approval.

(a) the Court has made an order for the transfer of the asset or liability; (b) there is a legal charge or mortgage over the asset and the person to whom the asset is being transferred has followed due legal process; or (c) the transfer is in public interest.

2012] Transition to Devolved Government No.

1 35 [Subsidiary] (2) The Authority shall not approve an application to transfer a public asset or liabilitywhere the obligation arose during the transition period.

10.

(1) A person may petition the Authority to review or reverse an Review or reversal of irregular transfer of a public asset or liability.

irregular transfer.

(2) A petition under this regulation shall be made in writing and shall state, as far as possible, all the details regarding the transfer of the asset or liability.

(3) The Authority shall carry out preliminary investigations to ascertain whether there were any irregularities in the transfer of the asset or liability.

(4) The Authority shall provide a copy of the petition to the public entity and may request the public entity to respond to the petition, in writing.

(5) Where after investigations the Authority determines that the transfer was irregular, the Authority shall review or reverse the transfer and shall (a) notify the petitioner of its decision, in writing; and (b) publish the decision in the Gazette.

(7) Where the Authority acts on its own motion, the same procedure shall apply with necessary modication.

SCHEDULE FORM (r.8(1)) APPLICATION TO TRANSFER PUBLIC ASSET OR LIABILITY Name of applicant.

P.O.

Box.

Tel.

1.

Description of Asset or Liability to be transferred (registration number, location and other relevant details).

2.

Value of the asset or liability as at date of proposed transfer (attach valuation report).

3.

Evidence of ownership of the property.

4.

Date and value of asset on acquisition.

5.

Name of the entity to which transfer is being made.

6.

If there exists a contractual obligation attached to the asset or liability.

(attach all documentation relating to the contract) 7.

Justication or reason for the transfer of asset or liability.

36 No.

1 Transition to Devolved Government [2012 [Subsidiary] *Where necessary please attach supporting documents.

Application made by: Name.

Designation.

Signature.

Ofcial Stamp Date FOR OFFICIAL USE ONLY Approved Not Approved Reasons for approval or disapproval L.N.

47/2013.

THE TRANSITION TO DEVOLVED GOVERNMENT (ASSUMPTION OF OFFICE OF COUNTY GOVERNOR) REGULATIONS, 2013 Citation.

1.

These Regulations may be cited as the Transition to Devolved Government (Assumption of Ofce of County Governor) Regulations, 2013.

Interpretation.

2.

In these Regulations, unless the context otherwise requires certicate of inauguration means a certicate signed by the governor upon being sworn in; Commission means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution; Committee means the Assumption of the Ofce of County Governor Committee established under regulation 5 of these Regulations; county deputy governor-elect means a candidate declared elected as a county deputy governor and who has not assumed ofce; county governor-elect means a candidate declared elected as a county governor under Article 180 of the Constitution and who has not assumed ofce; and Public ofcer has the meaning assigned to it under Article 260 of the Constitution.

Application.

3.

The provisions of these Regulations shall apply (a) to the assumption of ofce of the county governor by the county 2012] Transition to Devolved Government No.

1 37 governor-elect; and [Subsidiary] (b) to the assumption of ofce of the county deputy governor by the county deputy governor-elect.

4.

In performance of its functions and exercise of its powers under Guiding principles.

these Regulations, the Committee shall act in accordance with the values and principles set out in Article 10 of the Constitution.

5.

(1) There is established a committee to be known as the Assumption Assumption of the of the Ofce of County Governor Committee.

Ofce of County (2) The Committee shall be an ad-hoc committee and shall consist of Governor Committee.

(a) the County Commissioner, who shall be the chairperson; (b) the interim County Secretary; (c) the Director, Gender and Social Services; (d) the transitional county nance ofcer; (e) an ofcer designated by the Judiciary; (f) an ofcer designated by the Director-General of the National Intelligence Service; (g) the head of National Police Service at county level; (h) a representative of non-state actors; (i) a representative of the governor-elect nominated by the governor- elect; (j) the Transition County Co-ordinator who shall be the secretary to the Committee and responsible for taking minutes and keeping the records of the Committee.

(3) Except for the rst election under the Constitution, the chairperson of the Committee shall convene the rst meeting of the Committee at least fourteen days before the date of the elections.

(4) The quorum for the conduct of the business at a meeting of the Committee shall be half of all the members of the Committee.

(5) A vacancy in the membership of the Committee shall not affect the decisions of the Committee.

Functions and powers 6.

(1) The functions of the Committee shall be to of the Committee.

(a) facilitate the handing over process by the outgoing county governor 38 No.

1 Transition to Devolved Government [2012 [Subsidiary] to the county governor-elect, except for the rst elections under the Constitution; (b) organise for the security of the county governor-elect; (c) organise for the necessary facilities and personnel for the county governor-elect; (d) co-ordinate the briengs of the county Governor-elect by relevant public ofcers; (e) facilitate communication between the outgoing county governor and the county governor-elect except for the rst elections under the Constitution; (f) prepare the programme and organise for the swearing-in-ceremony; and (g) carry out any other activity necessary for the performance of its functions under these Regulations and perform any other function assigned to it under these Regulations or any other written law.

(2) The Committee shall have all powers necessary for the execution of its functions under the law.

Establishment of 7.

(1) The Committee may from time to time, establish sub-committees sub-committees.

for the better carrying out of its functions under these Regulations.

(2) The Committee may co-opt into the membership of a sub- committee established under subsection (1), persons whose knowledge and skills are considered necessary for the execution of the functions of the Committee.

Procedure of 8.

Except as otherwise provided in these Regulations, the Committee Committee.

may determine its own procedure.

Security 9.

(1) Upon the announcement of the nal results of a gubernatorial arrangements.

election by the Commission, the Committee shall ensure that the county governor-elect and county deputy governorelect are accorded adequate security.

(2) Despite subparagraph (1), the National Police Service shall ensure the provision of adequate security during the conduct of the swearing-in-ceremony.

Public Ofcers to 10.

(1) The county governor-elect shall, in consultation with the provide required Committee, carry out such preparations as may be necessary for the purpose information.

of assuming ofce.

(2) The county governorelect may, in carrying out preparations under subparagraph (1), request for information from a public ofcer in the county as the county governor-elect may consider necessary.

2012] Transition to Devolved Government No.

1 39 [Subsidiary] (3) A public ofcer from whom information is requested under subparagraph (2) shall provide the information within a reasonable time.

11.

(1) The swearing-in of the county governor-elect shall be conducted Swearing in in a public ceremony within the respective county.

ceremony.

(2) The Transition Authority shall announce and publicize the date, venue and time of swearing-in of all county governors-elect countrywide.

12.

(1) The county governor-elect shall be sworn in on the rst Wednesday Taking of oath and following the tenth day after the date of the gazzettement of the nal results of signing of certicate the gubernatorial election.

of Inauguration.

(2) The county governor-elect shall, during the swearing-in-ceremony, take and subscribe to the oath or afrmation of allegiance as set out in the First Schedule to the County Government Act, 2012.

No.

17 of 2012.

(3) The oath or afrmation shall be administered to the county governor- elect by a judge of the High Court not earlier than 10.00 am and not later than 2.00 pm.

(4) Upon taking or subscribing to the oath or afrmation, the county governor-elect shall sign a certicate of inauguration.

(5) If there is a court order stopping the swearing in of the county governor-elect, the county governor-elect shall only be sworn in following the completion of the court process.

13.

The county deputy governor-elect shall take and subscribe to the Swearing in of oath or afrmation as set out in the First Schedule to the County Government the county deputy Act, 2012.

governor-elect.

No.

17 of 2012.

14.

The county governor shall, upon the swearing in of the county deputy Inauguration Speech.

governor-elect, give an inauguration speech.

15.

The Committee shall, within a period of two months from the date Reports of the of the swearing-in of the county governor-elect, cause to be prepared a report Committee.

on the affairs of the Committee.

16.

The Committee shall publish and publicize all important information Management of within its mandate affecting the county.

information and Records.

17.

(1) Any person may, in public interest, request for information from A request for the Committee and the request for that information information.

(a) shall be addressed to the chairperson or such other person as the Committee may for that purpose designate; (b) may be subject to the payment of a reasonable fee in instances where the Committee incurs an expense in providing the information; and 40 No.

1 Transition to Devolved Government [2012 [Subsidiary] (c) may be subject to condentiality requirements of the Committee.

(2) Subject to Article 35 of the Constitution, the Committee may decline to give information to an applicant where (a) the disclosure of such information is undesirable in public interest; (b) the information requested is at a deliberative stage by the Committee; (c) the applicant fails to pay the prescribed fee; or (d) the applicant fails to satisfy condentiality requirements by the Commission.

(3) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specied under this regulation.

(4) Every member and staff assigned to the Committee shall sign a condentiality agreement.

Constitution 18.

The day-to-day functioning of the county before and during the provisions to apply.

assumption of ofce by the county governor-elect shall be subject to the constitutional provisions regarding transition and succession of institutions, ofces, assets and liabilities.

Duration of the 19.

The Committee shall last for a period of three months from the date Committee.

of its establishment.

.