REPUBLIC OF KENYA

PUBLIC SERVICE COMMISSION

Framework
for
Strengthening the Delivery of National
Government Functions at the County
Level





May, 2014












Framework
for
Strengthening the Delivery of National
Government Functions at the County
Level




iii
Table of Contents
1.0 Preamble....................................................................................................... 1
2.0 Why Strengthen the Co-ordination of the National Government
Functions at the County Level ................................................................... 2
3.0 Situation Analysis of the Co-ordination of the National Government
Functions at the County Level ................................................................... 3
6.0 Relationship between Office of the Deputy President and County
Commissioners............................................................................................ 7
7.0 Relationship between the County Commissioner and Cabinet
Secretaries and Principal Secretaries ........................................................ 7
8.0 Relationship between the Governor and County Commissioner .......... 8
9.0 Grading Scale for the County Commissioners........................................ 9
10.0 Monitoring and Evaluation Framework for the Performance of
County Commissioners............................................................................10
11.0 Proposed Road Map ..................................................................................10





1
FRAMEWORK FOR STRENGTHENING THE DELIVERY OF
NATIONAL GOVERNMENT FUNCTIONS AT THE COUNTY
LEVEL
1.0 Preamble
On 27th August 2010, Kenyans endorsed a new system of Government
following the promulgation of a new Constitution after an overwhelming
endorsement by Kenyans in the referendum held in April 4th, 2010. The
structure of governance that Kenyans endorsed through the new
Constitution provides for a Government envisaged in article 131(a) which
is headed by the President who is also Head of State. The Constitution
further vests on the President, the power to co-ordinate and direct
Government ministries and departments as stipulated by 132 (3)(b).
Article 6(2) of the Constitution introduces the concept of two levels of
government and provides that the governments at the National and County
level are distinct and interdependent.
Based on this structure of Government and in order to effectively exercise
His powers and authority as Head of State and Government, there is need
for a framework and a bureaucracy of officers answerable to him and to
whom he can delegate his powers to coordinate and direct national
government business in the field.
The exercise of delegated authority cannot be effective unless there is
clear pronouncement or written communication of this delegation and a
clear institutional mechanism through which the authority can be
exercised. Where authority is diffused, lines of authority are confused and
responsibility and accountability are likely to be impaired.
A critical state of running the affairs of government requires the executive
to speak and act with unit of purpose, firmness and restraint in dealing
with other branches and units of government. For this to happen, the Chief
Executive both at the National and County must not be handicapped in
providing firm directions to the departments and agencies at the National
and the County. This therefore calls for an energetic and unified executive
at both levels of government in the execution of national responsibilities
as clearly outlined in the Fourth Schedule of the Constitution.
A strong and united national executive at both the national and county
level is for the purposes of improved service delivery and to facilitate
delivery of the pledges made to Kenyans by the J ubilee Government.



2
2.0 Why Strengthen the Co-ordination of the National Government
Functions at the County Level
The Constitution of Kenya, 2010 provides for a system of Government
that operates at the National and County level. Article 6(2) as read with
Article 189 of the Constitution provides for the distinctiveness of the two
levels of Government, and mechanism through which they should conduct
their mutual relations on the basis of consultation and co-operation. The
distinctiveness of the two levels of government is manifested through their
bureaucracies, institutions, co-ordinating frameworks and functions as
provided for in the Fourth Schedule to the Constitution.
In an effort to ensure reasonable access of the services of the National
Government in all parts of the of the Republic and to facilitate the exercise
of the powers vested on the President under Article 132(2)(b) of the
Constitution i.e. to direct and co-ordinate the functions of ministries and
other government departments, the Government has put in place a co-
ordinating framework to enhance co-ordination of its functions by
enacting the National Government Co-ordination Act, 2013. The Act
provides a mechanism to hold together the national executive at the
national and the county so as to enhance synergy and coherence of the
National Government in the performance of its functions.
This framework needs to be operationalized and strengthened through an
executive order or pronouncement so as to provide direction on how
Government should operate and give legitimacy to the co-ordinating role
of the national government administrative officers. The unity of purpose
of the national government must flow from the Cabinet to the committee
of Principal Secretaries, co-ordinated by the Head of Public Service, and
be mirrored at the County level through the County Service Delivery Co-
ordination Committee, chaired by the County Commissioner. These
service co-ordinating committees should provide a mechanism for holding
the National Government accountable for the performance of its functions
in line with Article 187; 2 (b), which assigns the constitutional
responsibility for the performance of a function to the level of government
assigned that function.



3
2.0 Situation Analysis of the Co-ordination of the National
Government Functions at the County Level
The Presidency under the current constitutional dispensation has been a
subject of perceptions that portray it as an institution restricted to State
House or at most Nairobi with little or no mandate and representation at
the County level. This perception is driven by misconceptions and
propaganda around the relationship between the National and County
Governments and the fight for space between the two levels of
government at the county.
Although the Constitution is clear that the President is Head of State and
Government and by extension the Chief Executive of the Republic of
Kenya, and provided for two levels of government with clear assignment
of functions and provisions to devolve their services to the grassroots,
some people have distorted the definition of devolution to mean transfer of
all the functions of the National Government to the County Government
and effectively replacing the national government at the County. This has
created confusion in the minds of citizens which require urgent and well
structured and co-ordinated civic education to correct.
Although County Commissioners are ideally the Presidents
representatives at the County level, seldom are they perceived as such by
other departments or officials and the leadership of the county
governments. In fact, just like other heads of departments of Government
ministries based at the County level, County Commissioners (CC) are
perceived as heads of the department of the Ministry of Interior and Co-
ordination of National Government. This perception has greatly whittled
the hitherto powers of the National Government administrative officers
and undermined their legitimacy as agents of the the Presidency
responsible for effective co-ordination of the National Government
business in their areas of responsibility. Under this modus operandi, the
unified execution of the National Government functions is hampered and
rendered ineffective at the County level.
Several reasons explain this state of affairs;
First, the County Commissioner and indeed other administrative officers,
as co-ordinators of National Government functions, have for a long time
exercised their supervisory authority over heads of departments (HODs)
within their area of responsibility through the Presidential Circular No. 1
of 1965 which designated administrative officers as agents of the President
and assigned them the responsibility of CEOs in their areas of jurisdiction.
Under this arrangement, the administrative officers had legitimacy to



4
coordinate government business in their areas. Over time, the authority of
the administrative officers in co-ordination of Government business has
been eroded due to various reform initiative whose effect has
progressively removed the administrator from the centre in terms of co-
ordinating Government business. Examples to demonstrate this fact
include the reforms in the Public Financial Management which took away
the responsibility of the District Commissioner to control operations of the
district treasuries and the IPPG process which repealed some provisions of
the Chiefs Act thereby eroding the powers of chiefs and administrative
officers in the performance of their functions. The campaign for the new
Constitution and the agitation to scrap Provincial Administration also
impacted negatively on the co-ordinating powers of the administrative
officers. Currently, HODs prefer to report to their respective seniors
within their ministries and are not obligated to report to the County
Commissioner or other administrative officers in the lower administrative
units.
Second, with the coming of county governments, the previously useful
planning framework through the District Development Committees
(DDCs) have become almost irrelevant although the National Government
still has more functional responsibilities. This forum served as a forum for
exerting executive control.
Third, there is a lack of a central authority with express powers from the
Presidency to effectively co-ordinate and unify the executive function on a
regular basis. The executive at the County level is shared out into a
number of agencies and departments which divide responsibility.
Fourth, Currently, there is no clarity on the framework and institutional
support for implementation of sectoral or interdepartmental programs and
functions. It is difficult to manage a complex establishment without
central authority that has the mandate to mobilize resources from other
sectors or departments for a common objective. This is the critical role the
office of the CC is expected to play at the County level. County
Commissioners and other National Government agencies must keep the
President informed on the implementation of departmental programs and
any challenges facing their implantation and assist in defining specific
programs based on the county-context approach and help him supervise
the execution of those programs.
Fifth, as currently perceived, CCs and other administrative officers
responsible for lower level administrative units are departmental heads of
the Ministry of Interior and do not necessarily speak and represent the
President at the County level. The Presidency must make clear



5
pronouncement or communicate and make it clear to all departmental
heads that County Commissioners speak and represent the President in
directing and co-ordinating National Government functions in their areas
of jurisdiction.
Sixth, budgeting process is currently done independently at ministerial
level. At the County level, heads of departments identify their priorities
and spending plans and forward the same to the parent Ministry for
compilation and onward forwarding to the Treasury. Whereas, previously
DDC served as an avenue for identifying local level spending needs. In
the context of devolution, the National Executive is losing ground in
identifying local spending priorities in a more co-ordinated manner under
the guidance of a central authority.
Lastly, although there exists critical legal frameworks such as the National
Security Council Act, 2012; and the National Government Co-ordinating
Act, 2013, operationalization of the same has not been fully implemented
as the enabling regulations are yet to be finalized.
4.0 Proposals to Reorganize and Strengthen the Co-ordination of the
National Government Functions at the County Level
1. In order to give effect to the powers vested on the President to
direct and co-ordinate ministries and departments and in an effort
to streamline and strengthen co-ordination of the functions of the
National Government at the County, it is imperative that the holder
of this authority assigns or delegates it to his agents to be
responsible for the exercise of this power in the County. The
proper execution of the authority of the President cannot be
effectively co-ordinated from Nairobi. Although the legal
framework is in place under the National Government Co-
ordination Act, an Executive order and a public pronouncement
will provide policy direction and legitimize the delegation or
assignment of this authority. In this connection therefore, it is
strongly recommended that this authority be delegated to the
County Commissioners and the Deputy County Commissioners
and the exercise of this authority be supervised through the Cabinet
Secretary responsible for Interior and Co-ordination of the
National Government functions with the support of the Regional
Co-ordinators. The Executive Order should make it clear that CCs
are CEOs in their respective counties and have final say in the
execution of the National Government functions at the County
level.




6
2. As actors exercising delegated powers from the Presidency, CCs
and other National Government administrative officers must have
powers to supervise all heads of departments and national heads of
Government agencies based in their areas of jurisdiction. This
would include appraising HODs and putting in place a mechanism
for monitoring, evaluating and reporting on the performance
contracts of each department and Government agency within their
area of responsibility.

3. On budgeting, it is proposed that county based spending needs to
be aligned with ministerial needs in line with the current
Governments spending priorities. To do this effectively, the office
of the CC must be made a central office in the budget preparation.

4. With respect to development projects, the office of the CC must be
made the overall contact point on supervision and reporting on
progress. The CC should put in place a framework for monitoring,
evaluating and reporting on implementation of National
Government projects and programmes and utilization of the
resources of the National Government. The respective line ministry
HOD responsible for a specific development project shall be
required to give an update on progress to the office of the CC
through this framework. This framework should be cascaded to the
other administrative units.

5. Reporting lines of the National Government must be clear right
from the sub-location to the Presidency. On a regular basis, the CC
must update the Presidency on any matter of interest in his/her
county through the Cabinet Secretary for Interior and Co-
ordination of National Government. Each HOD of the National
Government deployed to the county must on a regular basis update
the office of the CC on the progress and activities of their
respective departments.

6. On critical matters of conflict, overlap and interest between the
National and County governments, the office of the CC must be
the natural contact outside the confines of the Intergovernmental
relations institutional mechanisms.
5.0 Role of National Government Regional Co-ordinators
Regional Co-ordinators were appointed under the ongoing restructuring of
Provincial Administration to assist the Principal Secretary to manage a



7
cluster of counties and to address the challenge of the span of control
arising from co-ordination of the 47 counties. Under the current
dispensation of a devolved system, the role of RCs need to be clarified and
the location of their offices determined. The National Government need to
consider two options; The first option is to create a regional level
administrative structure to be co-ordinated by RCs and determine the
functions to be devolved to the regions. The second option is to re-deploy
them to the headquarters in Nairobi to serve as Regional desk officers
responsible for a cluster of counties. RCs should deal with inter-county
security and conflict issues and provide a monitoring and evaluation
framework for the performance of counties. The position of RCs is
critical in providing a mechanism for managing the challenge of span of
control and facilitating communication between the office of the Principal
Secretary and the County Commissioners
6.0 Relationship between Office of the Deputy President and County
Commissioners
In accordance with Article 147 of the Constitution, the Deputy President
(DP) is the principal assistant of the President. He deputizes the President
and performs any other functions the President may assign him/her.
Operationally and going by practice, the DP chairs Cabinet sub-
committees and other sub-committees of Government ministries and
departments. Decisions of such sub-committees may need to be executed
at the county level under the overall supervision of the CC.
The Constitution of Kenya, 2010 provides for the Presidency which is
supported by the Deputy President who is not assigned any ministerial
responsibility as has been the case in the previous dispensation. The co-
ordination framework put in place should take cognizance of this
institution of the Presidency and create a reporting mechanism that
provides for linkages to the President and his Deputy. The President and
the Deputy must operate as an entity and communicate as such through the
office of the CC to all Government departments and agencies at the
county. The CC must equally see the Presidency as a unified institution
led by the President and the Deputy President.
7.0 Relationship between the County Commissioner and Cabinet
Secretaries and Principal Secretaries
The Government development programs and projects are better realized
when delivered through a sector-wide approach. No Ministry on its own
can independently achieve its mandate without the contribution of other
sectors. Developing a Government-wide approach in the implementation



8
of Government programmes is critical in achieving the development
agenda of the National Government.
If it is accepted that the CC would be the overall head of the National
Government operations at the County level, then all heads of Ministries
must collectively embrace and endorse the responsibility of Office of the
CC as the supervisor of all HODs from all Government ministries and
agencies based at the County level. This will require ministries to delegate
some of the supervisory role of their HODs or directors based at the
County level to the office of the CC.
The CC on their part, must be individuals who have a wide understanding
of the development agenda and priorities of each National Government
ministry at the county. Where a ministry requires a sector-wide approach
to achieve its objective or is implementing a national programme which
requires support from other departments, the CCs office at the county
must have the power to mobilize resources from other departments and
National Government agencies to support the specific Ministry.
Alternatively all resources of the National Government should be pooled
and be placed under the control of the CC and a mechanism for utilization
which allows access by departments based on their work plans be
developed and implemented.
In terms of reporting and accountability, the CC must be only answerable
to the Presidency through the CS responsible for co-ordination of National
Government. Respective Directors or HODs of each ministry based at the
county should be held responsible for the delivery of specific outputs as
specified in their performance contracts. While CSs and PSs of other
ministries and departments can directly call the CC and request or give
instructions on particular issues, the overall accountability of the CC must
be through the Office of the President. Consequently, the formal channel
of communication by all CSs and PSs on matters of co-ordination of
National Government functions should be channeled through the CS and
PS, Interior and Co-ordination of National Government. The CC should be
the liaison officer on matters of intergovernmental relations between the
National and County government and should use the framework provided
for in the County Governments Act, 2012 and the Intergovernmental
Relations Act, 2012 to co-ordinate intergovernmental relations and
activities. The CCs role should be facilitative.
8.0 Relationship between the Governor and County Commissioner
As per Article 6 (2) of the Constitution, there are two levels of
government; the National and County governments. These levels of



9
government are distinct and interdependent and should conduct their
mutual relations on the basis of consultation and co-operation. Practically,
for each level of government to fulfill its constitutional obligations, it must
have its own government machinery the public service.
The presence of the CC at the County level is therefore not a contestable
matter given that he/she is an official of the national government in-charge
of coordination of the Constitutionally assigned functions of the national
government. Governors are constitutional creatures whereas CC are
administrative creatures exercising delegated powers of the Presidency
which is a Constitutional organ. Governors exercise direct sovereign
powers from the people who vote them into office.
The relationship between Governors and County Commissioners should
be guided by the provisions of Article 189 of the Constitution and Section
54 of the County Governments Act, 2012 and the framework for
intergovernmental relations provided for in the Intergovernmental
Relations Act, 2012.
Given the constitutional mandate of the Governors, CCs must respect and
develop cordial working relationships with them. CCs must create a
mechanism that compliments the development agenda of county
governments as they remain focused on the development priorities of the
National Government. CC must not be seen to compete or undermine the
authority of the Governor. CCs must demonstrate their prowess through
effective service delivery and work closely with the county government.
To this extent, CCs must give life and meaning to words like consultation,
collaboration and co-operation for one Kenya.
9.0 Grading Scale for the County Commissioners
The grading scale of CC must be determined based on reality on the
ground, rules of natural justice and the nature of tasks they will be
required to play. With respect to the reality on the ground, most ministries
and agencies have already posted County Directors or HODs. Most of
these directors and HODs are already placed in job groups R and S.
From a practical and an administrative point of view, it will only be fair
for a co-ordinator to be on a higher job group than the people he/she
supervises or co-ordinates.
With respect to the tasks outlined for the CC and as the overall head of the
National Government at the County level, remuneration for such an officer
must be commensurate to the new orientation and position.



10
Based on the above account, it would be prudent to hire or place a CC at
job group T and equip the officer with the necessary financial, material
and human support that the position demands. As the Presidents direct
appointee, the power of the office must not only be projected and felt
through the office of the CC, it must be seen in the CC. Nobody in the
county should have a second doubt as to who the Presidencys
representative and head of National Government at the county is.
In order to live to the expectation of this position of authority, it is
recommended that there be suitability evaluation of the serving CCs to
identify persons of high integrity and a record of performance to serve as
CCs.
10.0 Monitoring and Evaluation Framework for the Performance of
County Commissioners
Each ministry has set its own annual performance targets. At the National
level the Cabinet Secretaries and the Head of Public Service hold
ministries to account on performance. At the County level, all HODs or
directors while responsible for the achievement of their ministerial
performance targets, should be required to develop and deposit their
performance targets at the County level in the office of the CC. In
consideration of National Governments priorities and development
agenda, the CC should develop a monitoring and evaluation framework to
monitor on a regular basis the extent to which ministries at the County
level are meeting their targets. These powers will allow the CC to monitor
National Government development projects and programs at the County
level in all the sectors.
11.0 Proposed Road Map
The following actions need to be considered in redefining the powers of
the County Commissioner.
1. H.E. the President to issue an Executive Order to appoint County
Commissioners as CEOs and delegate the power to direct and
co-ordinate the functions of the National Government at the
County
2. Finalize the process of restructuring of the former system of
administration (Provincial Administration) responsibility of
Ministry of Interior and Co-ordination of National Government
3. Develop new job descriptions and specify functional
responsibilities of the CC this should be done by HOPS, PSC
and DPSM



11
4. The National Government to initiate consultation with the Public
Service Commission with the view to establish the County
Human Resource Management Committee and to delegate to the
committee, through the Principal Secretary, the power to
transfer, recommend promotions and exercise disciplinary
control within the county in respect of staff of the National
Government
5. Undertake an exercise to re-evaluate and assess the suitability of
current occupants of the office of CC Responsibility of PSC,
DPSM and Ministry responsible for coordination of National
Government
6. Cabinet decision to empower CC by requiring ministries to
recognize the office of CC as the head of Government functions
at the county level Responsibility of HOPS.
7. Ministry-based sensitization and communication on the role of CC
Responsibility of HOPS through circular and Cabinet and
Principal Secretaries
8. Provide adequate resources for equipments, transport and other
facilities to support the office of CC and other administrative
offices Responsibility of HOPS and Treasury and Ministry of
Interior
9. Conduct a comprehensive Training Needs Assessment for CCs
and all other administrative staff and review the current training
program to equip officers with modern strategic management
skills and the new orientation in Government Ministry of
Interior and Co-ordination of National Government, National
Treasury and KSG
10. Re-orientation of Heads of Departments performing functions of
the National Government at the County level- PSC DPSM and
Ministry
This framework seeks to strengthen the National Government at the
County and facilitate consultation and teamwork among the National
Government staff at the County.