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The Intergovernmental Relations Technical Committee (IGRTC) is a state agency established by an Act of Parliament; The Intergovernmental Relations Act, 2012 under Section 11. The functions of the Committee are provided for in Sections 8, 12, 13 and 30-34 of the Act. Constitutionally, IGRTC draws its mandate from Article 6, 186, 187 and 189 of the Constitution.
In order to understand the mandate of IGRTC, it is important to remember that Kenya’s new system of devolved government creates two distinct and inter-dependent levels of government, the National and County Governments, with constitutionally assigned functions and powers defined in the Fourth Schedule to the Constitution.
The President and the Cabinet are responsible for the discharge of the functions assigned to the National Government by the Constitution, while Parliament (Senate and National Assembly and the Judiciary are shared national institutions. The Governors and their Executive Committees are responsible for their discharge of functions assigned to the County Governments by the Constitution, while the County Assemblies are vested with the legislative authority of the respective counties.
The two levels of government are required by Article 6(2) of the Constitution to conduct their mutual relations on the basis of consultation and cooperation. This is the constitutional foundation for harmonious IGR, which the IGRTC is established to promote and facilitate. In this respect, the Intergovernmental Relations Act of 2012 created a tripartite structure comprising the Summit, COG and IGRTC. At the apex of the country’s framework for IGR is the Summit. It comprises the President, the Deputy President and the 47 Governors. The President (or, in his absence, the Deputy President) is the Chairperson and the Chairperson of the Council of Governors is the Vice-Chairperson of the Summit.
The Summit, which is required to meet at least twice every year, provides a forum for consultation and cooperation between the National Governments and County Governments on all matters related to their respective mandates. In this respect, it considers reports from other intergovernmental forums; evaluates the performance of the national and county governments; receives reports; monitors the implementation of national and county government development plans; considers IGR issues referred to it by the public; coordinates and harmonizes the development of national and county government policies; and facilitates and coordinates the transfer of functions, powers or competencies.
The IGRTC and its Secretariat are, in effect, not only the technical secretariat of the Summit but also the intermediary between both levels of government to facilitate effective and harmonious devolved governance through the promotion of consultation and cooperation. It was established in the fifth year of the implementation of the Constitution of Kenya, 2010 (CoK 2010) and the third year of the implementation of the system of devolved government established by the Constitution. Before the establishment of IGRTC, many steps had been taken in implementing the new system of government, based on constitutional requirements, policy dialogue, legislative acts and administrative decisions. Although the epochal moment in the transition to devolved governments was the March 2013 General Election, the new structures that came into being had their foundations in guidance formulated earlier by the Taskforce on Devolved Government, enabling legislation passed by the 10th Parliament and administrative actions implemented by the Grand Coalition Government (2008 – 2013).
The Taskforce on Devolved Government advised that devolved governance be implemented in three major phases. Phase One was proposed to take place before the 2013 General Election. It was proposed to comprise decisions on staffing, assets, budgets, data and civic education in order
Functions of IGRTC
1. Be responsible for the day to day administration of the Summit and of the Council and in particular
a. Facilitate the activities of the Summit and of the Council; and
b. Implement the decisions of the Summit and of the Council
2. Take over the residual functions of the transition entity established under the law relating to transition to devolved government after dissolution of such entity.
3. Convene a meeting of the forty-seven County Secretaries within thirty days preceding every Summit meeting; and
4. Perform any other function as may be conferred on it by the Summit, the Council, the Act or any other legislation.
Harmonious and effective intergovernmental relations.
To achieve its mission and vision, the Committee is committed to the following core values: -