The National Assembly Committee on Regional Development today met with Deputy Chief Parliamentary Counsel, Marion Mureithi, from the Office of the Attorney General, to deliberate on the Intergovernmental Relations (Amendment) Bill, 2024 (Senate Bill No. 12 of 2024).
The engagement followed a formal request by the Committee through a letter dated April 10, 2025 (Ref: NA/DDC/RD/2025/010), seeking legal insight into the proposed legislation.
In her presentation, Mureithi informed the Committee that a separate version of the Intergovernmental Relations Bill had already been developed by the State Department for Devolution, in collaboration with the Attorney General’s Office.
“That version, completed and submitted to the Office of the Deputy President in April 2024, is currently awaiting Cabinet approval”, noted Mureithi.
Among the key proposals in the Senate Bill under review are the transformation of the Intergovernmental Relations Technical Committee into the Intergovernmental Relations Agency, and the creation of a Secretariat for the Council of Governors.
Mureithi advised that the State Department for Devolution would be the appropriate institution to provide policy direction on these structural shifts.
However, she raised significant legal concerns about several clauses in the Bill.
Notably, Clause 10, which seeks to give the proposed Agency the authority to hire staff independently, could potentially conflict with Article 232 of the Constitution and the Public Service Commission (PSC) Act.
She recommended that the clause be amended to align with the PSC’s mandate on public appointments.
Clause 13 also came under scrutiny. It proposes a bi-annual subscription model for counties to fund the Council of Governors, but Mureithi pointed out that it lacks references to key financial laws such as the Public Finance Management Act and the County Governments Act.
She urged that the clause be revised to ensure legal compliance.
Clause 15 introduces a new County Assemblies Forum, comprising all Members of County Assemblies (MCAs) and Speakers from all 47 counties.
While the idea is notable, Mureithi emphasized the need for clearer policy guidance on the Forum’s structure and leadership.
She also highlighted a lack of detail regarding the proposed National Executive Board’s functions and operations.
Another gap in the Bill, Mureithi noted, is the absence of provisions to fund the operational expenses of the proposed Council Secretariat.
She advised that this omission be addressed before the Bill progresses further.
During the session, Hon. Abuor Paul the vice - chairman of the committee, raised concerns about the staffing of the proposed Agency.
He questioned the number of personnel required and how the recruitment process would align with PSC guidelines especially given the Council of Governors’ existing concerns about national government involvement in staffing.
Mureithi echoed the need for clearly defined hiring criteria and emphasized the importance of collaboration between the PSC and the Agency to avoid jurisdictional conflict.
Hon. Amos Mwago (Starehe) added that while the Bill aims to streamline intergovernmental relations, it must not add unnecessary financial burdens.
He argued that creating a new agency could strain a country already grappling with a heavy wage bill and a sluggish economy.
Despite the various concerns raised, Mureithi confirmed that the Bill does not violate the Constitution.
However, she emphasized that the legal and drafting issues must be addressed for the Bill to move forward smoothly.
The Committee pledged to continue its consultations and thoroughly review the submissions before presenting its final report.
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