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IGRTC WATER SECTOR CONSULTATIVE MEETING

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IGRTC WATER SECTOR CONSULTATIVE MEETING

The Intergovernmental Relations Technical Committee (IGRTC) today held a consultative meeting to discuss emerging issues on the implementation of the water function in Devolution. Among the agendas were; the Functional Analysis, review, Transfer in the water sector, and the conflicts between the two levels of Government in the implementation of the Water function.

In his opening remarks, IGRTC Acting Chair Mr. John Burugu appreciated the Millennium Water alliance for their steadfast support to IGRTC.
IGRTC, established under the Intergovernmental Relations Act No. 2 of 2012 (IGRA 2012), establishes a framework for consultation, cooperation, and coordination between the National Government, county governments, and amongst county governments, as envisaged in the 2010 Constitution of Kenya.

While opening the forum, he emphasized the importance of the meeting in reviewing and critically examining the implementation of the water function in counties as per the 2010 Constitution. While acknowledging diverse challenges in the implementation by the two levels of Government, the Chairperson urged the stakeholders to make the discussion open so that they can talk to each other, review, identify challenges, and derive abiding solutions.

“Despite the unbundling of the water functions, there is still a lack of clarity on the performance of these functions at both levels of Government, IGRTC in 2017 carried out a study dubbed, ‘Emerging issues on the transfer of functions to National and County Governments. The study noted conflicting roles in the implementation of water function by the two levels of Government.” Said the Chair.

Mr. Burugu further urged for the finalization of these processes of transfer of functions to enhance the seamless implementation of Devolution. He also told stakeholders, that IGRTC through the support of Water Millennium Alliance, has identified and appointed a consultant who will be visiting counties and offices to set the water function on a better productive pedestal in service delivery.

On their part, the Millennium Water alliance representative urged for full implementation of the Intergovernmental framework to address challenges in the water sector across counties. The body is instrumental in Convening and Influencing Governments, the Private Sector, and Non-Governmental Organizations to Accelerate Global Progress in Water, Sanitation, and Hygiene.

On their part, the CECMs, through their chair, Engineer Ng’eno (CECM water Nakuru county), highlighted the challenges in implementing the water sector reforms. Key among them being the conflicting roles between counties and water bodies, lack of synergy between the two levels of Government in addressing water challenges, and called for the need to move from promises to actions.
 
The Council of Governor’s representative, Mr. Kizito Wangalwa, decried a conflict of interest between counties and the water agencies that need to be, resolved since the two serve the same people. He also urged for the inclusion of counties in water development programs by the water agencies. On her part, the representative of the National Government ministry of Water, madam Teresia Wasike, reiterated the commitment of the Ministry to address the issues at hand and make solutions, probably, full implementation of the Water Act 2016.

The finalization of the delineation of the water function for better service delivery in counties by IGRTC is very imperative for the realization of the ultimate dividends of Devolution to Kenyans.

The meeting was attended by; the Millennium Water Alliance, Ministry of water representation, IGRTC members, Council of Governors, Water CECM’s Consultants, and IGRTC Technical staff.

soderoIGRTC WATER SECTOR CONSULTATIVE MEETING
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The National, County Governments, and other state bodies urged to file their disputes with IGRTC.

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The National, County Governments, and other state bodies have been urged to file their disputes with Intergovernmental Relations Technical Committee (IGRTC) before battling each other in courts whenever they fail to agree on emerging issue’s .

The National, County Governments, and other state bodies have been urged to file their disputes with Intergovernmental Relations Technical Committee (IGRTC) before battling each other in courts whenever they fail to agree on emerging issues.

According to IGRTC Interim Chairperson John Burugu there have been inter and intergovernmental disputes among County Governments, within institutions and organs of the county governments, and also between organs of County and National Government.

“There have been rampant disputes in the Government and therefore, it’s important for the key players to know that IGRTC exists to assist in finding solutions before the parties go to court. Causes of these disputes have been power distribution, functions as provided in the Fourth Schedule of the constitution,” said Burugu.

“Other causes are the transfer of functions, application of policies and legislations not aligned to the Articles 174 and Articles 175 of the Constitution, County boundaries, revenues, human capital relations such as the Health Workers work relations and environments,” he added.

Mr. Burugu was speaking during the opening of a four-day capacity building workshop on Alternative Dispute Resolution (ADR) for the new Members of IGRTC and the Technical Team in Naivasha on Wednesday.

The workshop aims at equipping the eight-Member team which was appointed by President Uhuru Kenyatta two months ago with ADR mechanisms on Adjudications, Arbitration, Negotiations, and Resolutions as tools of resolving various disputes and the procedures attendant to each process.

Burugu said that currently there are 17 on-going ADR cases, which have been declared to IGRTC while they have managed to settle two cases, with one case going back to court – where parties failed to agree on away forward. The rest of the cases are at various stages of discussion.

Earlier in the year, the Supreme Court pronounced itself that it would only handle intergovernmental cases which have passed through the ADR process with IGRTC and set rules which led to the President’s directive last month for State Agencies and Organs including the County Governments to withdraw cases filed in courts and seek ADR Mechanism.

This implies that IGRTC will soon have an avalanche of disputes filed and hence the need to have adequate preparations in terms of enhancing capacity and skills to handle the workload.

Burugu noted that such a move will be an added advantage to the republic saving the taxpayers the high litigation costs and delays in determining cases that are incurred when parties choose to first use the courts instead of ADR mechanism to settle their scores.

“Litigations are costly and time-wasting hence we must know that one of the core principles of the Constitution guiding the administration of justice and the exercise of judicial authority are the requirements to embrace alternative forms of dispute resolution,” said Mr. Burugu.

He added, “These include traditional dispute resolution mechanisms. ADR policy is a significant step in achieving reforms not only in judiciary but also in Kenya’s endeavour towards the fulfillment, respect, observance, promotion, and protection of the right to Access Justice. ”

Meanwhile, the Acting Chairman praised efforts by the 47 Governors and the President in ensuring the devolution is working by taking resources closer to the people.

soderoThe National, County Governments, and other state bodies urged to file their disputes with IGRTC.
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Inauguration of new IGRTC members.

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Members of the Intergovernmental Relations Technical Committee pose for a photograph with Devolution Cabinet Secretary, Eugene Wamalwa, IGRTC Chief Executive Officer Peter Leley, and Chairman Council of Governors, Wycliffe Oparanya at Tele posta Towers on Monday, June 29, 2020, during inauguration to their new office.

soderoInauguration of new IGRTC members.
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THE IGRTC STRATEGIC PLANNING WORKSHOP, REVIEW OF THEMATIC AREAS AND INSTITUTIONAL POLICIES AT LAKE NAIVASHA RESORT ON 13TH -16TH OCTOBER 2020

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IGRTC is, mandated with the role of ensuring seamless relations between the two levels of Government under the Intergovernmental Relations Act of 2012.
As part of strengthening its work and engagement with its stakeholders, IGRTC Members are currently reviewing the strategic plan 2015 – 2020 as they embark on developing the second strategic plan, 2021 – 2025, that will guide: the Mandate, the operations, and the activities of IGRTC undertaking Intergovernmental relations and responsibilities.
In his opening remarks, the Acting Chair noted that strategic planning is; a key pillar in the overall organizational growth.
He further emphasized the need to remind ourselves that Strategic Planning is a Commitment by an organization to chart and follow paths of development by implementing several chosen objectives through series of structured activities, hence the importance of a properly-crafted Strategic plan.
The provisions of Section 13 (1) of the Intergovernmental Relations Act 2012 empowers IGRTC to form sectoral committees, or working groups, to facilitate better working, thus, it effectively, efficiently, and competently strengthen IGRTC. “We need to review Thematic Areas, incorporate and integrate them to the broad thinking of COG Sectoral Committees, as well as those established by Cabinet Secretary; since IGRTC serves both the National and County Governments through COG on Intergovernmental Relations.” Said aid Ag Chair during Naivasha workshop
In his presentation, the CEO of IGRTC took the team through; Interpretation of the IGRTC mandate, its administration, proposed thematic areas, Monitoring, and Evaluation.
The proposed thematic areas to replace the old ones include:
1) Consultation, Coordination, and sectoral Forums to be chaired by a member.
2) Summit and other Intergovernmental Institutions to be chaired by a member.
3) Assets, Liabilities, and Transfer of records to be chaired by a member
4) Functional Analysis, Costing, and Transfer of functions, to be chaired by a member.
5) Alternative Dispute Resolution to be chaired by a member
6) Policy, and Legislation, to be chaired by a member.
Others suggested for restructuring under the IGRTC Institutional Administrative Sub-committees include:
1) Finance Administration and Resource Mobilisation, to be chaired by a member
2) Audit and Risk Management to be chaired by a member
3) Human Resource and Training to be chaired by a member
4) Budget Implementation to be chaired by the Accounting Officer (CFO)
The Monitoring and Evaluation unit is an independent area that directly reports to the CEO.
During the official opening of the workshop, the Ag. Mr. John Burugu emphasized the need for the institutional policy review; in the 2021-2 022 Strategic Plan to strengthen IGRTC and work towards the acquisition of ISO certification.
“IGRTC should embark on the ISO Certification process like other organizations. The biggest benefit of ISO Certification is that IGRTC, as an organization, would have evaluated and standardized processes. Management on this count would have to work extra hard. It is possible, and Members will support you throughout the training and processes.” Ag. Chairperson assured the team.
Present during the workshop were: Acting Chairman Mr. John Burugu, Hon. Alfred Khang’ati, Dr. Perminus Ndimitu, Mrs. Angeline Hongo, Mr. Loilson Ole Pere, Mrs.Saadia Abdi Kontoma, Mrs. Alice Moyaka, Mrs. Linet Mavu, CEO, Mr. Peter Leley, and the technical team.
The strategic plan will serve IGRTC as it transforms into a commission.

soderoTHE IGRTC STRATEGIC PLANNING WORKSHOP, REVIEW OF THEMATIC AREAS AND INSTITUTIONAL POLICIES AT LAKE NAIVASHA RESORT ON 13TH -16TH OCTOBER 2020
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Consultative meeting between IGRTC and NMS officials.

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 Members led by the Ag. Chair-Mr. Jon Burugu held a consultative meeting with NMS Officials over the identification, verification and transfer of assets and liabilities of the National Government relating to devolved functions.

Mr. Burugu said the transfer is long overdue, Nairobi County Government inherited the biggest liability from the defunct Nairobi city council 70% of the total declared liabilities around 51 billion shillings. The next face of transfer of assets is the identification and verification of assets and liabilities of the National Government relating to devolved functions.

All County Governments are expected to have completed registers of assets and liabilities that will enable counties to record values of assets and liabilities in their books of accounts through a comprehensive process and guidelines developed to undertake the process.

80% of the counties have finalized and submitted their reports IGRTC continues to actively engage the remaining counties to unlock the challenges and submit their reports.

 In regard to Nairobi County Government the transfer of functions from the Nairobi County Government to the National Government through the deed of transfer Signed on 25th February 2020 now being executed and implemented by Nairobi Metropolitan Service presented a unique challenge for continuity of the exercise.

Currently the process seems to have stalled because of lack of clarity on coordination, funding and how the exercise should be undertaken by both Nairobi City County and NMS.

Lydia PlainoConsultative meeting between IGRTC and NMS officials.
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Consultative meeting between IGRTC and NMS Officials.

No comments

 Members led by the Ag. Chair-Mr. Jon Burugu held a consultative meeting with NMS Officials over the identification, verification and transfer of assets and liabilities of the National Government relating to devolved functions.

Mr. Burugu said the transfer is long overdue, Nairobi County Government inherited the biggest liability from the defunct Nairobi city council 70% of the total declared liabilities around 51 billion shillings. The next face of transfer of assets is the identification and verification of assets and liabilities of the National Government relating to devolved functions.

All county governments are expected to have completed registers of assets and liabilities that will enable counties to record values of assets and liabilities in their books of accounts through a comprehensive process and guidelines developed to undertake the process.

80% of the counties have finalized and submitted their reports IGRTC continues to actively engage the remaining counties to unlock the challenges and submit their reports.

 In regard to Nairobi County Government the transfer of functions from the Nairobi County Government to the National Government through the deed of transfer Signed on 25th February 2020 now being executed and implemented by Nairobi Metropolitan Service presented a unique challenge for continuity of the exercise.

Currently the process seems to have stalled because of lack of clarity on coordination, funding and how the exercise should be undertaken by both Nairobi City County and NMS.

consultative meeting betweem IGRTC and NMS

Lydia PlainoConsultative meeting between IGRTC and NMS Officials.
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