COMMISSION ON REVENUE ALLOCATION

Promoting an equitable society

PRESENTATION TO LAVINGTON UNITED CHURCH ON 13TH MAY, 2012 BY

MICAH CHESEREM,
CHAIRMAN CRA

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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. ii. IS CONSISTENT WITH THE PURPOSES AND OBJECTS OF THIS CONSTITUTION. DEMONSTRATES RESPECT FOR PEOPLE iii. BRINGS HONOUR TO THE NATION AND DIGNITY TO THE OFFICE; AND iv. PROMOTES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE OFFICE; AND b) VESTS IN THE STATE OFFICER THE RESPONSIBILITY TO SERVE THE PEOPLE, RATHER THAN THE POWER TO RULE THEM.

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CHAPTER SIX - LEADERSHIP AND INTEGRITY

Art. 73. (1) AUTHORITY ASSIGNED TO A STATE OFFICER (a) IS A PUBLIC TRUST TO BE EXERCISED IN A MANNER THAT (i) DEMONSTRATES RESPECT FOR PEOPLE (ii) BRINGS HONOUR TO THE NATION AND DIGNITY TO THE OFFICE; AND (iii) PROMOTES PUBLIC CONFIDENCE IN THE INTEGRITY OF THE OFFICE; AND

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PROVISIONS ON GENDER EQUALITY IN THE NEW CONSTITUTION ARTICLE 27

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.

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PROVISIONS ON GENDER EQUALITY IN THE NEW CONSTITUTION
MEMBERSHIP OF COUNTY ASSEMBLY

ARTICLE 177
1. A COUNTY ASSEMBLY CONSISTS OF:2. MEMBERS ELECTED BY THE REGISTERED VOTERS OF THE WARDS, EACH WARD CONSTITUTING A SINGLE MEMBER CONSTITUENCY;

3. 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; 4. THE NUMBER OF MEMBERS OF MARGINALISED GROUPS, INCLUDING PERSONS

WITH DISABILITIES AND THE YOUTH, PRESCRIBED BY AN ACT OF PARLIAMENT;

AND 5. THE SPEAKER, WHO IS AN EX OFFICIO MEMBER.
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ELECTED, NOMINATED AND APPOINTED OFFICES UNDER KENYAS NEW CONSTITUTION
NOMINATED APPOINTED

1 NATIONAL

PRESIDENT + DEPUTY PRESIDENT (2)

CABINET
MAX (24)

CABINET
SEC Max (22)

CONSTITUENCY

MPs (290)

PARLIAMENT (350)

NOMINATED MP (12)

3 COUNTY

WOMEN COUNTY REP (47)

KEY

NEW POSITIONS

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ELECTED, NOMINATED AND APPOINTED OFFICES UNDER KENYAS NEW CONSTITUTION
NOMINATED APPOINTED

4 COUNTY

SENATOR (47)

SENATE (68)

NOMINATED
(21)

5 COUNTY

GOVERNOR + DEPUTY GOVERNOR (2)

COUNTY EXEC (12)

EXECUTIVE MEMBERS (10)

6 COUNTY
NEW POSITIONS

WARD REP (1)

COUNTY ASS. MIN. 25

NOMINATED MEMBERS

* 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. IMPROVED DELIVERY OF PUBLIC SERVICES

3. INCREASED ECONOMIC ACTIVITY IN THE COUNTY GOVERNMENTS.

4. REDUCED POLITICAL TENSIONS IN THE COUNTRY.

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POTENTIAL CHALLENGES TO A DEVOLVED SYSTEM OF GOVERNMENT

1. INADEQUATE PREPARATION.
2. HUGE WAGE BILL AND OTHER ADMINISTRATIVE EXPENSES. 3. INADEQUATE HUMAN CAPACITY IN COUNTY GOVERNMENTS. 4. POOR GOVERNANCE. 5. OVER-DEPENDENCY ON ALLOCATION FROM NATIONAL GOVERNMENT.

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RATIONALE FOR THE FORMATION OF THE COMMISSION ON REVENUE ALLOCATION

1. INDEPENDENT, IMPARTIAL, LONG-TERM ADVISOR TO THE

LEGISLATURE AND THE EXECUTIVE. 2. LINKING COUNTY GOVERNMENTS TO NATIONAL DECISION MAKING

ON THEIR FINANCES.
3. FAITHFULLY APPLY THE LAID DOWN CRITERIA FOR SHARING REVENUE.

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CRA FUNCTIONS AS PER THE CONSTITUTION 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)
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CRA FUNCTIONS AS PER THE CONSTITUTION CONT.
5. DEFINE AND ENHANCE REVENUE SOURCES OF NATIONAL

GOVERNMENT (ART. 216) (3) (B). 6. DEFINE AND ENHANCE REVENUE SOURCES OF NATIONAL AND CUNTY GOVERNMENTS (ART. 216) (3) (B) 7. ENCOURAGE FISCAL RESPONSIBILITIY BY NATIONAL GOVERNMENT (ART. 216) (3) (C)

8.

ENCOURAGE FISCAL RESPONSIBILITY BY COUNTY GOVERNMENTS

(ART. 216) (3) (C)

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CRA FUNCTIONS AS PER THE CONSTITUTION CONT. 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)

11 BE CONSULTED ON ANY BILL THAT INCLUDES PROVISIONS DEALING

WITH ANY FINANCIAL MATTER CONCERNING COUNTY GOVERNMENTS (ARTICLE. 205)

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CRA FUNCTIONS AS PER THE CONSTITUTION CONT.
12. PUBLISH AND REVIEW THE POLICY THAT SETS OUT CRITERIA FOR IDENTIFYING MARGINAL AREAS IN ACTUALIZATION OF THE EQUALIZATION FUND (ART. 206)

13. A CRA COMMISSIONER TO PARTICIPATE, BUT SHALL NOT VOTE, IN THE

MEETINGS OF 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 ASSEMBLY AND COUNTY EXECUTIVE (ART. 216)
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FUNCTIONS OF THE COUNTY GOVERNMENTS AS PER THE FOURTH SCHEDULE OF THE CONSTITUTION 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

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THANK YOU