The Intergovernmental Relations Act of 2012 states that the IGRTC shall:
- be responsible for the day to day administration of the Summit and of the Council and in particular –
- facilitate the activities of the Summit and of the Council; and
- implement the decisions of the Summit and of the Council;
- take over the residual functions of the transition entity established under the law relating to transition to devolved government after dissolution of such entity;
- convene a meeting of the forty-seven County Secretaries within thirty days preceding every Summit meeting; and
- perform any other function as may be conferred on it by the Summit, the Council, this Act or any other legislation.
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.