Commission on Revenue Allocation Presentation to CIC

7/30/2019 Commission on Revenue Allocation Presentation to CIC

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PRESENTATION TO CIC LOCAL GOVERNMENT

WORKSHOP, EASTERN REGION ON

3 4 SEPT, 2012

COMMISSION ON REVENUE ALLOCATION

Promoting an equitable society


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CHAPTER SIX - LEADERSHIP AND INTEGRITY

RESPONSIBILITIES OF LEADERSHIP

Art. 73. (1) AUTHORITY ASSIGNED TO A STATE OFFICER

a) IS A PUBLIC TRUST TO BE EXERCISED IN A MANNER THAT

i. IS CONSISTENT WITH THE PURPOSES AND OBJECTS OF THIS

CONSTITUTION.

ii. DEMONSTRATES RESPECT FOR PEOPLE

iii. BRINGS HONOURTO THE NATION AND DIGNITY TO THE OFFICE; AND

iv. PROMOTES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE OFFICE;

AND

b) VESTS IN THE STATE OFFICERTHE RESPONSIBILITY TO SERVE THE PEOPLE,

RATHER THAN THE POWER TO RULE THEM.

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PROVISIONS ON GENDER EQUALITY IN THE NEW CONSTITUTION EQUALITY AND FREEDOM FROM DISCRIMINATION

ARTICLE 27

(8) IN ADDITION TO MEASURES CONTEMPLATED IN CLAUSE (6), THE STATE SHALL TAKE LEGISLATIVE AND

OTHER MEASURES TO IMPLEMENT THE PRINCIPLE THAT NOT MORE THAN TWO-THIRDS OF THE MEMBERS

OF ELECTIVE OR APPOINTIVE BODIES SHALL BE OF THE SAME GENDER.

MEMBERSHIP OF COUNTY ASSEMBLYARTICLE 177

1. A COUNTY ASSEMBLY CONSISTS OF:-

a) MEMBERS ELECTED BY THE REGISTERED VOTERS OF THE WARDS, EACH WARD CONSTITUTING A SINGLE

MEMBER CONSTITUENCY;

b) THE NUMBER OF SPECIAL SEAT MEMBERS NECESSARY TO ENSURE THAT NO MORE THAN TWO-THIRDS OF

THE MEMBERSHIP OF THE ASSEMBLY ARE OF THE SAME GENDER;

c) THE NUMBER OF MEMBERS OF MARGINALISED GROUPS, INCLUDING PERSONS WITH DISABILITIES AND THE

YOUTH, PRESCRIBED BY AN ACT OF PARLIAMENT;

AND

d) THE SPEAKER, WHO IS ANEX OFFICIO MEMBER.


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NATIONAL

CONSTITUENCY

COUNTY

PRESIDENT +

DEPUTY

PRESIDENT (2)

MPs (290)

WOMEN

COUNTY

REP (47)

CABINET

MAX (24)

PARLIAMENT

(350)

NOMINATED

MP (12)

CABINETSEC Max (22)

ELECTED, NOMINATED AND APPOINTED OFFICES

UNDER KENYAS NEW CONSTITUTION

NOMINATED APPOINTED

NEW POSITIONSKEY

1

3

2


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COUNTY

COUNTY

COUNTY

SENATOR (47)

GOVERNOR +

DEPUTY

GOVERNOR (2)

WARD REP (1)

SENATE (68)

COUNTY

EXEC (12)

COUNTY ASS.

MIN. 15*

NOMINATED(21)

EXECUTIVE

MEMBERS (10)

NOMINATED

MEMBERS

ELECTED, NOMINATED AND APPOINTED OFFICES

UNDER KENYAS NEW CONSTITUTION

NOMINATED APPOINTED

NEW POSITIONS

4

5

6

4* NUMBER OR MINIMUM NOT YET CONFIRMED BY AN ACT OF PARLIAMENT

AT TIME OF PUBLICATION OF THIS SLIDE


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EXPECTED BENEFITS OF DEVOLUTION

1. EQUITABLE ALLOCATION OF RESOURCES.

2. MANAGEMENT OF BASIC PUBLIC SERVICES TO THE GRASSROOTS.

3. IMPROVED DELIVERY OF PUBLIC SERVICES

4. INCREASED ECONOMIC ACTIVITYIN THE COUNTY GOVERNMENTS.

5. REDUCED POLITICAL TENSIONS IN THE COUNTRY.

6. IMPROVED GOVERNANCE


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POTENTIAL CHALLENGES TO A DEVOLVED SYSTEM OFGOVERNMENT

1. INADEQUATE PREPARATION.

2. LARGE WAGE BILL AND OTHERADMINISTRATIVE EXPENSES.

3. CONFLICTS BETWEEN NATIONAL AND COUNTYGOVERNMENTS

4. TENSIONS INSIDE COUNTYGOVERNMENTS

5. INADEQUATE HUMAN CAPACITYIN COUNTY GOVERNMENTS.

6. CHALLENGES OF GOVERNANCE.


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1. INDEPENDENT, IMPARTIAL, LONG-TERMADVISORTO THE

LEGISLATURE AND THE EXECUTIVE.

2. TO PROVIDE TECHNICAL ADVICE ON COMPLEX FINANCIAL MATTERS

INA DEVOLVED SYSTEM.

3. LINKING COUNTY GOVERNMENTS TO NATIONAL DECISION MAKING

ON THEIR FINANCES.

4. FAITHFULLY APPLYTHE LAID DOWN CRITERIAFORSHARING

REVENUE.

RATIONALE FOR THE FORMATION OF THE



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1. RECOMMEND THE BASIS OF EQUITABLE SHARING OF REVENUE RAISED

NATIONALLY BETWEEN NATIONAL AND COUNTY GOVERNMENTS

(ART.216)(1)(B).

2. RECOMMEND THE BASIS OF EQUITABLE SHARING OF REVENUE RAISED BY

NATIONAL GOVERNMENT AMONG COUNTY GOVERNMENTS (ART.216)(1)(B).

3. RECOMMEND ON MATTERS CONCERNING THE FINANCING OF COUNTY

GOVERNMENTS (ART.216)(2).

4. RECOMMEND ON MATTERS CONCERNING FINANCIAL MANAGEMENT OF

COUNTY GOVERNMENTS (ART. 216) (2)

5. DEFINE AND ENHANCE REVENUE SOURCES OF NATIONAL GOVERNMENT

(ART. 216) (3) (B).

FUNCTIONS AS PER THE CONSTITUTION


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6. DEFINE AND ENHANCE REVENUE SOURCES OF NATIONAL AND CUNTY

GOVERNMENTS (ART. 216) (3) (B)

7. ENCOURAGE FISCAL RESPONSIBILITIYBYNATIONAL GOVERNMENT (ART. 216)

(3) (C)

8. ENCOURAGE FISCAL RESPONSIBILITYBYCOUNTY GOVERNMENTS (ART. 216) (3)

(C)

9. BE CONSULTED AND RECOMMENDATIONS BE CONSIDERED BEFORE

PARLIAMENT PASSES ANY BILL APPROPRIATING MONEY OUT OF THE

EQUALIZATION FUND (ART. 204) (4)

10 BE CONSULTED ON ANY BILL THAT INCLUDES PROVISIONS DEALING WITH

SHARING OF REVENUE (ART. 205)

FUNCTIONS AS PER THE CONSTITUTION

CONT.


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11. BE CONSULTED ON ANY BILL THAT INCLUDES PROVISIONS DEALING WITH ANY

FINANCIAL MATTERCONCERNING COUNTY GOVERNMENTS (ARTICLE. 205)

12. PUBLISH AND REVIEW THE POLICY THAT SETS OUT CRITERIA FOR IDENTIFYING

MARGINAL AREAS IN ACTUALIZATION OF THE EQUALIZATION FUND (ART. 206)

13. A CRACOMMISSIONERTO PARTICIPATE, BUT SHALL NOT VOTE, IN THE MEETINGSOF THE COMMISSION FOR IMPLEMENTATION OF CONSTITUTION (SCHEDULE 6

PART 5 (5)

14. CRA SHALL BE CONSULTED AND THEIR RECOMMENDATIONS CONSIDERED BY

PARLIAMENT FOR ALL LAWS BEING ENACTED RELATING TO DEVOLVED

GOVERNMENT (SCHEDULE 6 PART 14 (1)

NOTE:

RECOMMENDATIONS ARE SUBMITTED TO SENATE, THE NATIONAL ASSEMBLY, THE

NATIONAL EXECUTIVE, COUNTY ASSEMBLYAND COUNTY EXECUTIVE (ART. 216)

FUNCTIONS AS PER THE CONSTITUTION CONT.


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THE FOLLOWING PRINCIPLES SHALL GUIDE ALL ASPECTS OF PUBLIC FINANCE IN THEREPUBLIC FOR BOTH LEVELS OF GOVERNMENT:-

1. ENSURING OPENNESS AND ACCOUNTABILITYINCLUDING PUBLIC PARTICIPATION IN ALL

FINANCIAL MATTERS.

2. PROMOTING EQUITABLE SOCIETYWHERE

A. BURDEN OF TAXES ARE SHARED FAIRLY AMONG ALL GENERATIONS.

B. REVENUE RAISED NATIONALLYMUST BE SHARED EQUITABLYAMONG NATIONALAND COUNTY GOVERNMENTS.

C. PROMOTING EQUITABLE DEVELOPMENT INCUDING SPECIAL PROVISION FOR

MARGINALIZED GROUPS AND AREAS

3. ENSURING THAT THE BURDEN AND BENEFITS OF THE USE OF RESOURCES AND PUBLIC

BORROWING IS SHARED EQUITABLY BETWEEN THE CURRENT AND FUTURE

GENERATIONS.

4. USING PUBLIC MONEYIN APRUDENT AND RESPONSIBLE WAY.

5. PROVIDING RESPONSIBLE FINANCIAL MANAGEMENT PRACTICES AND CLEAR FISCAL

REPORTING.

THE PRINCIPLES OF PUBLIC FINANCE


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THE FOLLOWING CRITERIA SHALL BE TAKEN INTO ACCOUNT IN DETERMINING THE

EQUITABLE SHARE OF REVENUES:-

1. THE NATIONAL INTEREST.

2. MUST MAKE PROVISIONS IN RESPECT OF PUBILC DEBTAND OTHER NATIONAL

OBLIGATIONS

3. THE NEEDS OF THE NATION AL GOVERNMENT, DETERMINED BY OBJECTIVE CRITERIA.

4. THE NEED TO ENSURE THAT COUNTY GOVERNMENTS ARE ABLE TO PERFORM THE

FUNCTIONS ALLOCATED TO THEM.

5. THE NEED FOR ECONOMIC OPTIMIZATION OF EACH COUNTYAND TO PROVIDE

INCENTIVES FOR EACH COUNTY TO OPTIMIZE ITS CAPACITY TO RAISE REVENUE;

6. ECONOMIC DISPARITIES WITHIN AND AMONG THE COUNTIESAND THE NEED TO REMEDY

THEM.

7. THE FISCAL CAPACITYAND EFFICIENCY OF COUNTY GOVERNMENTS.

PRINCIPLES OF THE EQUITABLE SHARE CRITERIA (ARTICLE 203)


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1. FOREIGN AFFAIRS

2. THE USE OF INTERNATIONAL WATERS AND WATER RESOURCES

3. IMMIGRATIONAND CITIZENSHIP

4. THE RELATIONSHIP BETWEEN RELIGION AND STATE

5. LANGUAGE POLICY

6. NATIONAL DEFENCE

7. POLICE SERVICES

8. COURTS

9. NATIONAL ECONOMIC POLICY

10. MONETARY POLICY

FUNCTIONS OF THE NATIONAL GOVERNMENT

AS PER SCHEDULE 4 OF THE CONSTITUTION


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11. NATIONAL STATISTICS

12. INTELLECTUAL PROPERTY RIGHTS

13. LABOUR STANDARDS

14. CONSUMER PROTECTION

15. EDUCATION POLICY

16. PRIMARY SCHOOLS, SECONDARY SCHOOLS, TERTIARY

EDUCATIONAL AND UNIVERSITIES

17. PROMOTION OF SPORTS AND SPORTS EDUCATION

18. TRANSPORT AND COMMUNICATIONS



CONT.


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19. NATIONAL PUBLIC WORKS

20. HOUSING POLICY

21. GENERAL PRINCIPLES OF LAND PLANNING AND THE CO-

ORDINATION OF PLANNING BY THE COUNTIES

22. PROTECTION OF THE ENVIRONMENT AND NATURAL

RESOURCES

23. NATIONAL REFERRAL HEALTH FACILITIES

24. DISASTER MANAGEMENT

25. ANCIENT AND HISTORICAL MONUMENTS

26. NATIONAL ELECTIONS



CONT.


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28. HEALTHY POLICY

29. AGRICULTURAL POLICY

30. VETERINARY POLICY

31. ENERGY POLICY

32. CAPACITY BUILDING AND TECHNICAL ASSISTANCE TO THE

COUNTIES

33. PUBLIC INVESTMENT

34. NATIONAL BETTING

35. TOURISM POLICY AND DEVELOPMENT



CONT.


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1. AGRICULTURE

2. COUNTY HEALTH SERVICES

3. CONTROL OF POLLUTION

4. CULTURAL ACTIVITIES

5. COUNTY TRANSPORT

6. ANIMAL CONTROL AND WELFARE

7. TRADE DEVELOPMENT AND REGULATION

FUNCTIONS OF THE COUNTY GOVERNMENTS



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8. COUNTY PLANNING AND DEVELOPMENT

9. PRE-PRIMARY EDUCATION

10. IMPLEMENT SPECIFIC NATIONAL GOVERNMENT POLICIES

11. COUNTY PUBLIC WORKS

12. FIRE FIGHTING SERVICES AND DISASTER MANAGEMENT

13. CONTROL OF DRUG AND PORNOGRAPHY

14. ENSURING AND COORDINATING COMMUNITIES PARTICIPATION IN

GOVERNANCE

FUNCTIONS OF THE COUNTY GOVERNMENTS


CONT.


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Commission on Revenue Allocation Presentation to CIC