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GAZETTE NOTICE NO. 2701

GAZETTE NOTICE NO. 2701

THE INTERGOVERNMENTAL RELATIONS ACT

(No.2 of 2012)

ESTABLISHMENT


IT IS notified for the general information of the public that in exercise of the powers conferred by section 12 (h) of the Intergovernmental Relations Act, 2012, and pursuant to the resolution of the Intergovernmental Budget and Economic Council made at its meeting held on the 28th September, 2016, the Intergovernmental Relations Technical Committee has established the following institutional structures to facilitate the verification and transfer of the assets and liabilities that belonged to the defunct local authorities— Transfer and Vesting pfAssct.s 1. All the assets belonging to the defunct local authorities its on the 27th March, 2013, are hereby tramsfrred to. and shall vest in, the respective county governments on an "as is, where is" basis. Verification, Validation and Liquidation of Liabilities (1) All the liabilities of the defunct local authorities as on the 27th March, 2013. shall be verified and validated by the intergovernmental Relations Technical Committee. • (2) The Intergovernmental Relations Technical Committee, in consultation with relevant stakeholders, shall develop liquidation options for the settlement of the liabilities of the defstnct local authorities. Co-ordinating Agency The Intergovernmental Relations Technical Committee shall. co-ordinate the process of the identification, verification and validation of the assets and liabilities of the defunct local authorities as on the 27th March, 2013. Functions of the Intergovernmental Relations Technical Committee The Intergovernmental Relations Technical Committee shall— co-ordinate the process of the identification, verification and validation of the assets and liabilities of the defunct local authorities by providing policy and leadership direction to the County Assets and Liabilities Committees; submit the verified reports of the assets and liabilities of the defunct local .authorities to the respective county governments and the National Treasury; submit the verified reports of the assets and liabilities of the defunct local authorities to the Intergovernmental Budget and Economic Council and the National and County Governments Co-ordinating Summit; develop and implement a communications strategy for the identification, verification and validation of the assets and liabilities of the defunct local authorities; and develop procedures for the proper functioning of the Interagency Technical Team. Establishment and Members of time Interagency Technical Team 5, (I) There is established the Interagency Technical Team which shall comprise of— (a) the chief executive officer of the Intergovernmental Relations Technical Committee, who shall be the chairperson; (h) the Auditor-General; (e) the Controller of Budget; a representative from the Ministry of Devolution and Planning; a representative from the National Treasury; a representative from the National Land Commission; a representative from the Ministry of Lands and Physical Planning: a representative from the Commission on Revenue Allocation: a representative from the Council of Govemors; and a representative of the Attorney-General. (2) The Intergovernmental Relations Technical Committee shall provide a secretariat to the Interagency Technical Team, Functions of the Interagency Technical Team 6. The Interagency Technical Team shall— (a) prepare the guidelines for the identification, verification and validation of the assets and liabilities of the defunct local authorities, including- principles; appeals mechanisms; and monitoring and control mechanisms: (b) provide technical support and quality control of the work of the. County Assets and Liabilities Committees; (c) monitor and evaluate the exercise on the verification and validation of the assets and liabilities of the defunct local authorities; (d) ensure the preparation of the registers of assets and liabilities of the defunct local authorities; and (e) perform any other function as may be assigned by the ltt'govemmental Relations Technical Committee. a 24th March, 2017 THE KENYA GAZETTE 1171 Establishment and members of County Assets and Liabilities Committees 7. (1) There is established for each county government a County Assets and Liabilities Committee. (2) Each County Assets and Liabilities Committee shall comprise of— a chairperson appointed by the Governor: three public officers from the county public service appointed by the Governor; the County Commissioner; the Clerk to the county assembly; a representative of the National Land Commission: (f a representative of the Ministry of Lands and Physical Planning; (g) an officer from the internal Audit Services Department of the National Treasury; and (Ii) an officer from the Internal Audit Services Department of the County Government. (3)Jn appointing the members under paragraph (2) (b), the Governor shall appoint officers who have experience in matters relating to land, finance or law. (4) The officers nominated under paragraph 2 (g) and (h) shall be the joint secretaries to the Committee. Functions of County Assets and Liabilities Committees 8. (1) Each County Assets and Liabilities Committee shall be responsible for the identification, verification and validation of the assets and liabilities of the defunct Local authorities as on the 27th March, 2013, (2) Despite the generality of subparagraph (1), each County Assets and Liabilities Committee shall— identify, verify and validate all the assets and liabilities of the defunct local authorities; identify, record and secure all relevant documents in relation to the assets and liabilities of the defunct local authorities; corroborate the information collected in accordance with subparagraphs (2) (a) and (h) with the information contained in the unaudited inventory of assets and liabilities of the defunct local authorities that was prepared by the Transition Authority; identify and document the disputed assets or liabilities of the defunct local authorities: (a) prepare a comprehensive register of the assets and liabilities of the defunct local authorities as on the 27th March, 2013; and submit periodic reports to the Intergovernmental Relations Technical Committee as may be required. (3)The unaudited inventory of assets and liabilities of the defunct local authorities that was prepared by the Transition Authority shall form the basis of the work of the County Assets and Liabilities Committees. Financial Matters 9. (1) The Intergovernmental Relations Technical Committee shall meet the operational costs of the Interagency Technical Team, (2) Each county government shall meet the operational costs of the respective County Assets and Liabilities Committee. Reports to. (I) Each County Assets and Liabilities Committee shall finalize the identification, verification and validation of the assets and liabilities of the defunct local authorities and submit its final report to the Intergovernmental Relations Technical Committee by the 30th June, 2017. (2) The Intergovernmental Relations Technical Committee shall notify, within the shortest time possible, the Council of Governors for directions on the failure of a county government to appoint a County Assets and Liabilities Committee by the 31st March, 2017. (3) The Intergovernmental Relations Technical Committee shall refer to the Intergovernmental Budget and Economic Council and the National and County Government Co-ordinating Summit for directions upon the failure by a County Assets and Liabilities Committee to complete the identification, verification and validation of the assets and liabilities of the defunct local authorities or to submit a final report by the 31st July. 2017. Revocation

Dated the 31st March, 2017.

Extracted Entities (1)

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2701

Details

Act / Legislation
THE INTERGOVERNMENTAL RELATIONS ACT
Reference
No.2 of 2012
Section
section 12 (h)
Date Signed
31st March 2017
Page
2
Extraction Method
regex