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Council of Governors (Kenya)

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Council of Governors (Kenya)
NameCouncil of Governors
Formation2013
TypeIntergovernmental organization
HeadquartersNairobi
Region servedKenya
Membership47 county governments
Leader titleChair

Council of Governors (Kenya)

The Council of Governors is a collective body of elected county executives formed following the promulgation of the Constitution of Kenya of 2010 to coordinate policy among the 47 County governments of Kenya and to represent county interests before national organs such as the National Assembly (Kenya), the Senate of Kenya, and the Executive Office of the President of Kenya. It serves as a forum linking county governors with institutions including the Judiciary of Kenya, the Director of Public Prosecutions (Kenya), the Attorney General of Kenya, and multilateral partners like the World Bank and the African Union. The Council interacts with development agencies such as the United Nations Development Programme, the African Development Bank, and bilateral donors like the United Kingdom and the United States Agency for International Development.

History

The idea for a unified forum for county executives emerged during debates on the 2010 Kenyan constitutional referendum and the drafting processes involving the Constitution of Kenya Review Commission and the Committee of Experts on Constitutional Review. After the first county elections under the new constitution, governors from counties such as Nairobi City County, Mombasa County, Kisumu County, Nakuru County, and Kiambu County established the Council to address devolution issues, drawing on precedents like the Council of Europe and the East African Community. Early milestones included engagements with the Kenya Law Reform Commission, the Commission on Revenue Allocation, and the Transition Authority (Kenya). The Council has navigated constitutional disputes involving the Supreme Court of Kenya, contested functions between county and national organs culminating in cases before the High Court of Kenya, and election cycles involving figures such as Uhuru Kenyatta, Raila Odinga, William Ruto, and Mwai Kibaki.

Structure and Membership

Membership comprises the 47 elected governors representing counties such as Embu County, Garissa County, Baringo County, Turkana County, and Kilifi County. The Council elects officers including a Chair and Vice Chair drawn from governors; officers have in the past included leaders from Machakos County, Kericho County, and Meru County. The secretariat, based in Nairobi, is staffed by technocrats who liaise with entities like the Ministry of Devolution and Planning (Kenya), the Controller of Budget (Kenya), and the Kenya Revenue Authority. Committees within the Council mirror sectoral ministries such as Ministry of Health (Kenya), Ministry of Education (Kenya), and Ministry of Lands and Physical Planning (Kenya), and they coordinate with statutory bodies such as the Ethics and Anti-Corruption Commission (Kenya) and the Public Service Commission (Kenya).

Functions and Powers

The Council advocates for county prerogatives in areas defined by the Fourth Schedule of the Constitution of Kenya, engaging on fiscal matters with the National Treasury (Kenya), on resource sharing with the Commission on Revenue Allocation (Kenya), and on oversight with institutions like the Parliament of Kenya. It formulates policy positions, issues guidance to County Assemblies, and represents counties in negotiations with development partners such as the United Nations and the World Health Organization. The Council participates in dispute resolution involving the Intergovernmental Relations Technical Committee and invokes mechanisms linked to the Intergovernmental Relations Act (Kenya). While it does not exercise judicial authority, it has filed amici curiae inputs in litigation at the Court of Appeal of Kenya and the Supreme Court of Kenya on matters affecting county autonomy.

Meetings and Decision-Making

Regular plenary sessions convene during scheduled retreats in venues across Kenya, including meetings previously held in Nairobi, Naivasha, and Nanyuki. The Council adopts resolutions and communiqués that reflect consensus among governors from diverse counties such as Kwale County, Isiolo County, Samburu County, and Bomet County. Decision-making follows internal rules modeled on practices seen in organizations like the African Union Commission, with committees producing policy briefs for the secretariat and external stakeholders including the Parliamentary Service Commission (Kenya). The Council has employed mediation involving national actors like the Clerk of the National Assembly and the Speaker of the Senate to manage intergovernmental disputes.

Relationship with National Government

The Council maintains consultative and occasionally adversarial relations with national offices such as the Office of the President (Kenya), the Cabinet of Kenya, and the Ministry of Interior and Coordination of National Government (Kenya). It negotiates fiscal transfers with the Treasury and engages oversight institutions like the Auditor-General of Kenya and the Office of the Controller of Budget on county expenditure. High-profile interactions have involved presidents and prime political figures including Daniel arap Moi, Mwai Kibaki, Uhuru Kenyatta, and Raila Odinga in different political contexts, and coordination with regional blocs such as the East African Legislative Assembly on cross-border projects.

Key Initiatives and Programs

The Council has launched programs on health systems linking county departments with the Ministry of Health (Kenya) and partners such as the Global Fund to Fight AIDS, Tuberculosis and Malaria and the World Bank. It has championed infrastructure projects interfacing with agencies like the Kenya National Highways Authority and the Kenya Urban Roads Authority, and supported agriculture initiatives alongside the Ministry of Agriculture (Kenya), Food and Agriculture Organization, and the International Fund for Agricultural Development (IFAD). Other initiatives include capacity-building with the Kenya School of Government, anti-corruption drives with the Ethics and Anti-Corruption Commission (Kenya), and disaster response coordination with the National Disaster Management Authority (Kenya) and humanitarian agencies like Kenya Red Cross Society.

Criticisms and Controversies

The Council has faced criticism over perceived politicization during electoral cycles involving leaders tied to parties such as Jubilee Party (Kenya), Orange Democratic Movement, and United Democratic Alliance (Kenya), and scrutiny from watchdogs such as Transparency International and the Kenya Human Rights Commission. Allegations have included disputes over resource allocation involving the Commission on Revenue Allocation, procurement controversies implicating county executives from counties like Turkana County and Kakamega County, and tensions with national oversight institutions including the Office of the Auditor-General. Legal challenges have reached courts such as the High Court of Kenya and the Supreme Court of Kenya, often concerning the scope of devolved functions under the Constitution of Kenya and interpretations of the Intergovernmental Relations Act (Kenya).

Category:Politics of Kenya Category:Devolution in Kenya