ARN&CLB (2017-2022)

THE ANALYSIS REPORT OF THE NATIONAL AND COUNTY

LEGISLATION BILL TRACKER (2017- 2022)

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THE ANALYSIS REPORT OF THE NATIONAL AND COUNTY LEGISLATION BILL

TRACKER (2017- 2022)

INTRODUCTION
The purpose of the analysis report is to highlight the legislative outputs by the 12 th Parliament
and the 3rd County Assembly for the period commencing September 2017 to July 2022, when
Parliament and the 47 County Assemblies are expected to adjourn sine die in readiness for the
forthcoming elections in August 2022.

The Analysis Report examines and analyses both National Parliament legislation and County
Legislation enacted or considered by the 12th Parliament and the 47 County Assemblies. The
analysis further provides an assessment, impact and recommendations for legislative proposals
adopted and opportunities missed and a make recommendation on outstanding legislative
business for consideration by the 13th Parliament.

Analysis of the Senate Legislation impacting Devolution

BILL SPONSOR OBJECT PROGRESS/ HOW
FAR IT IS
The County Senate The principal object of this Bill is to Assented to on 6/12/17.
Allocation of Majority amend the County Allocation of
Revenue Leader Revenue Act, No. 23 of 2017 to
(Amendment) Bill replace the Third Schedule of the
(Sen. Bill No. 9 of Act on Conditional Allocations to
County Governments from loans
2017)
and grants from development
partners in Financial Year
2017/2018.
The Assumption of Sen. To provide for the procedure and Bill passed by the Senate
Office of the Wamatangi with amendments and
ceremony for the assumption of the
County Governor Paul, MP referred to the National
office of Governor by a Governor
Bill (Sen. Bill No. 1 Assembly.
elect.
of 2018)
Bill passed by the
National Assembly with
amendments and referred

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back
to the Senate for
concurrence.
National Assembly
amendments passed by
the Senate.
Bill assented to on
13/05/19.
The County Chairperson, To make provision for the division Assented to on
SC on of revenue raised nationally among 29/06/2018.
Allocation of
Finance and the county governments for the
Revenue Bill Budget financial year 2018/2019.
(Sen. Bill No.
11 of 2018)
The Office of Sen. To establish the office of the county Bill passed by the Senate
Petronila printer in each of the forty-seven without amendments and
the County
Were counties. referred to the National
Printer Bill Lokorio, MP Assembly.

(Sen. Bill No.

13 of 2021)
The Division Chairperson, To provide for three additional Bill assented to on
SC on conditional allocations to county 5/10/18.
Of Revenue
Finance and governments in Financial Year
(Amendment) Bill
Budget 2018/19 to be financed by loans and
(Sen. Bill No. 14 of
grants from donors. These
2018) additional conditional allocations
are not provided for in the Division
of Revenue Act, No.1 of 2018.
The County Chairperson, To amend the County Allocation of Bill passed by the Senate
Allocation of SC on Revenue Act, No. 8 of 2018 to without amendments and
Revenue Finance and replace the Third Schedule of the referred to the National
(Amendment) Bill Budget Bill on Conditional allocations to Assembly for
County Governments from Loans concurrence. Bill passed
(Sen. Bills No. 29 of
and Grants from Development by the National
2018) Partners in Financial Year Assembly without
2018/2019. amendments.

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Bill assented to on
31/12/18.
The Natural Sen. (Dr.) To provide a legislative framework Bill passed by the Senate
Resources Agnes Zani for the establishment and with amendments and
enforcement of a system of benefit referred to the National
(Benefit Sharing)
sharing in natural resource Assembly.
Bill (Sen. Bills No.
exploitation between natural
25 of
resource exploiters, the national
2020) government, county governments
and local communities and to that
end provides that the Commission
for Revenue Allocation oversees the
same.
The County Chairperson, To provide for the equitable Bill passed by the Senate
Allocation of SC on allocation of revenue raised with amendments and
Revenue Bill (Sen. Finance and nationally among the county referred to the National
Bills No. 8 of 2019) Budget governments for the 2019/2020 Assembly.
financial year and the
Bill passed by the
responsibilities of national and
National Assembly
county governments pursuant to
without amendments.
such allocation.
Bill assented to on
18/09/19.
The County Chairperson, To make provision for the Bill passed by the Senate
Standing allocation of revenue raised with amendments and
Allocation of
Committee, nationally among county referred to the National
Revenue Bill Finance and governments for the Financial Year Assembly.
(Senate Bills No. 1 Budget 2022/2023.
of 2022)

The County Chairperson, To make provision for the transfer Bill awaiting division at
Standing of conditional allocations from the Second Reading.
Governments
Committee national governments share of
Additional on Finance revenue and from development
Allocation Bill and Budget partners to the county governments
for the financial year 2021/22.
(Senate Bills No. 2
of 2022)
The County Sen. Rose A Bill for an Act of Parliament to Bill awaiting Committee
Resource Nyamunga, make provision for the obligation of

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Development Bill MP county governments to engage in of the Whole.

the protection and development of
(Senate Bills No. 45
natural resources, for the collection
of 2021) of local revenuand es, the creation
of regional economic blocs.

The County E- Sen. Judith A Bill to provide a framework for Bill awaiting Committee
Health Bill (Senate Pareno, MP the implementation of section 104 of the Whole Stage.
Bills No.39 of 2021) of the Health Act, 2017, the
provision of telemedicine services
and the establishment and
management of e-health
infrastructure and services at the
national and county levels of
government.
The County Sen. Moses To amend the County Governments Bill passed by the Senate
Kajwang’, Act 2012, to provide clarity in the with
Governments
MP operations of the County Assembly
amendments and referred
(Amendments) Bill, Service Board in instances where
to the National
the office of the speaker becomes
(Senate Bills No. 38 Assembly.
vacant.
of 2021) Section 12(3) of the County
Governments Act provides that the
Speaker of the County Assembly
shall serve as the chairperson of the
Board with a vice chairperson being
elected by the Board from the
members.
However, in recent times there have
been instances in several county
assemblies where the Deputy
speakers acting as speakers have
assumed the office of the
Chairperson of the Board. The Bill
therefore seeks to address this
challenge.

The County Sen. Mutula To provide for an Act of Parliament Bill passed by the Senate
Kilonzo Jr, to define the boundaries of the with amendments and
Boundaries Bill,
counties of Kenya, to provide for referred to the National

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Senate Bills No. 20 MP the resolution of county boundary Assembly.

disputes through the establishment
of 2021
of a county boundaries mediation
committee; and to give effect to
Article 188 of the Constitution on
the alteration of county boundaries.
The 3rd Generation Increased the equitable allocation to Passed and currently
Revenue Sharing Counties to at least Kshs. 370 being implemented.
formula between billion.
National and
County
Governments

Analysis of County Legislation of the 47 County Assemblies

FUNCTION NUMBER OF COUNTIES WITH REQUISITE
LEGISLATION
ALL REQUISITE SOME NO
LEGISLATION REQUISITE LEGISLATION
LEGISLATION AT ALL
Number % Number % Number %
of of of
Counties Counties Counties
1.Agriculture; 4 9% 23 49% 24 51%
2. Health 4 9% 19 40% 28 60%
3. Control of air pollution, noise 5 11% 4 9% 38 81%
pollution, other public nuisances and
outdoor advertising.
4. Cultural activities, public 9 19% 8 17% 23 49%
entertainment and public amenities,

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5. County transport, 6 12% 11 23% 36 77%

6. Animal control and welfare 4 9% 2 4% 41 87%
7. Trade development and regulation, 1 2% 34 68% 12 29.7%
8. County planning and development, 1 2% 6 13% 40 85%

9. Pre-primary education, village 12 26% 18 38% 17 36%

polytechnics, home-craft centres and
childcare facilities.
10. Implementation of specific national 17 36% 16 34% 14 30%
government policies on natural resources
and environmental conservation
11. County public works and services 11 23% 9 19% 27 57%
12. Fire-fighting services and disaster 19 40% 21 45% 7 15%
management
13. Control of drugs and pornography. 0 0% 26 55% 21 45%
14. Ensuring and coordinating the 21 45% 10 21% 16 34%
participation of communities and
locations in governance at the local level
15.Administrative functions 0 0% 36 77% 11 23%
16. other functions 0 0% 41 87% 6 13%

From the above analysis, it is keynote that;

 Since 2017 up to present no county has passed all the requisite legislation for all its
functions.
 For each function at least one county has passed all the requisite legislation (except Drugs
and Pornography control)
 The function on which most counties have developed legislation on all its elements is
Public Participation, Pre-primary education, village polytechnics, Natural Resources and
Environmental Conservation and Firefighting services and disaster management.
 The function on which most counties have developed at least one legislation is Trade
development.
 The single element on which most counties have legislated is Liquor Licensing Control.
 The four most unlegislated functions are: Animal Control; Control of Air and Noise
pollution; and County Planning.
 Some elements of functions seem more popular than others for legislations. E.g., under
County Planning most have legislated on spatial planning and none on housing.
 All counties have not developed rules and regulations on legislations passed on devolved
functions as provided under schedule four. Most of the regulations that counties have
developed are fiscal in nature, and are based on the Annual Finance Act.

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 Most of the regulations that have been developed have not been subjected to public
participation.
 Bungoma County has the most policies on functions with at least 10 substantive policies
 Counties with policies on at least one function are: Tharaka Nithi, Taita Taveta; Trans
Nzoia; Turkana and Machakos.
 Lack of policies on functions means: Counties are operating ultra vires the constitution;
accountability is undermined; legislative development is hampered and consequently
revenue collection is limited; effective administration and operations are challenged.
 Counties are however doing dismally in revenue collection as a result mainly of
inadequate legislation.
 Counties are irregularly collecting revenue on the basis of their Finance Act yet the
Finance Act ought not in itself to impose taxes, fees and charges, a practice that is
tantamount to levying tax without a legislative basis and hence unconstitutional and
unsustainable.
 Some counties are mobilizing local revenue on the bases of outdated guidelines
developed by defunct Local Authorities.
 Challenges to legislation development include: Inadequate capacity; capacity attrition due
to high turnover of MCAs every five years; lack of legislative oversight on county
legislation development; lack of anchoring policies; misuse of the finance bill creating
lethargy in development of primary legislation.
 Challenges to policy development include: Prioritization of legislation over policy
making; inappropriate use of the Finance Act as the primary legislation for all revenue
collection and expenditure has resulted in lethargy in further legislation.