About The Council of Governors
The Council of County Governors (COG) is a non-partisan organization established under Section 19 of the Intergovernmental Relations Act (IGRA 2012). The Council of Governors comprises of the Governors of the forty-seven Counties. main functions are the promotion of visionary leadership; sharing of best practices and; offer a collective voice on policy issues; promote inter – county consultations; encourage and initiate information sharing on the performance of County Governments with regard to the execution of their functions; collective consultation on matters of interest to County Governments.
What We Do
COG provides a mechanism for consultation amongst County Governments, share information on performance of the counties in execution of their functions, facilitate capacity building for Governors, and consider reports from other intergovernmental forums on national and county interests amongst other functions (Section 20).Our Mission
To deepen devolution through coordination, consultation, information sharing, capacity building, performance management, and dispute resolution.Our Vision
Prosperous Counties that are drivers of socio-economic growth and development and quality service delivery.Our Values
Collaboration and Partnership, Integrity, Diversity, Equity, and Inclusion, Innovation, Professionalism
Our Motto
48 Governments, 1 Nation
STATEMENT BY THE COUNCIL OF GOVERNORS
1. THE EQUALISATION FUND BILL (NATIONAL ASSEMBLY BILL NO.47 OF 2022).
The Council of Governors notes with discontent the unconstitutionality of the Equalisation Fund Bill, 2022 which is currently being considered at the Second Reading stage before the National Assembly. The Bill seeks to: provide a framework for the direct administration and management of the fund; establish an Equalization Fund Board responsible for administering and managing the Fund; and establish structures and mechanisms for implementing the Fund. In its current form, the Bill fails to conform to the Judgment issued in Constitutional Petition Number 272 of 2016 between CoG VS CS Treasury and others which nullified the Equalisation Fund guidelines which were issued earlier by the then Cabinet Secretary, National Treasury. In the judgment, the Court further gave comprehensive guidance regarding the implementation of the Fund.
We are perturbed that despite the pronouncement by the High Court, the Bill before the House is the same that was initially tabled for consideration by Parliament in 2019, prior to the decision delivered by the Court. In this regard, the Council of Governors objects to the Bill in its entirety for reasons that it is fundamentally flawed as it fails to conform to the High Court Judgment, the devolved structure of governance, and the Equalisation Fund Regulations, 2021. Further, the Bill fails to give accord to the functions of the County Governments in view of the following:
1. It fails to provide for County representation in its Board of management;
2. The Bill does not recognize the constitutional assignment of functions between the two levels of Government; and
3. The Bill fails to give accord to the provisions of the judgment which ruled that the equalization Fund being for the benefit of Marginalized Counties can only be disbursed by the National Government through the respective and affected County Governments and in accordance with recommendations made by the Commission on Revenue Allocation as approved by Parliament.
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