Background

This Committee deals with all matters relating to constitutional affairs; the organization and administration of law and justice; elections; promotion of principles of leadership, ethics and integrity; and implementation of the provisions of the Constitution on human rights. This involves:

• Offering legal support and guidance to all Committees of the Council of Governors and respond to legal issues of interest to the Council and County Governments
• Consider, review and monitor policies, laws and regulations that affect County Governments and devolved functions
• Support initiatives that seeks to entrench the promotion and protection of human rights in all 47 Counties an advice on adherence to international human rights instruments
• Advise all committees on relevant legislative amendments and intervention areas in sectoral matters
• Coordinate intra and inter agency and governmental consultations on all legal issues
• Advise, on specific cases, whether or not to institute court matters

Legal Framework

The primary source of legislation of the Legal committee’s activities is the Constitution of Kenya 2010. The other key sources of legislation include:

• The County Government Act, 2012
• The Intergovernmental Relations Act, 2012

Approach to undertaking Committee’s business

The committee functions through: -

• Inter-county forums.
• Intergovernmental forums such as the Intergovernmental budget and Economic (IBEC) and the summit.
• Stakeholders’ engagement

Status Briefs (Current agendas/issued being addressed by the committee)

• Ongoing legal audit

Opportunities that the Committee Offers

The Committee offers a platform for peer consultation; sharing of best practices; capacity building through workshops/seminar for County Government Officials and dialogue on legislation and policy affecting County Governments.

Impact/Breakthroughs/Key Achievements

• The Council of Governors has submitted to parliament legislative memoranda laws that claw-back on devolution. Such legislative proposals have been considered
• Training of County Attorneys on legislative drafting and policy formulation
• Development of model laws that have subsequently been adopted by
• Counties
• Publications: -
  1. Sectoral policy and Legislative Analysis
  2. Devolution law report
  3. Devolution case digest

Resources (Information and knowledge resources generated by the Committee

The Committee develops and maintains a variety of resources including: -

• Legal briefs & advisories
• Policy recommendations
• Devolution laws
• Training curricula
• Reports from consultative meetings
• Publications

Current Sector Challenges

• National laws that are still in force yet they are not aligned to the devolved system of government
• Absence of a legal/policy framework for consultation and cooperation between the National Government and County Governments
• Anti-devolution laws
• Parliament legislation on matters concerning County Governments without County Government participation Key lessons from the Committees cycle (2013-2017)
• Need for robust advocacy in parliament for County issues to be considered
• Need for meaningful intergovernmental consultations to mitigate litigation
• Need for re-alignment of the law to conform to the devolved system of governance
• Priorities and support required from Committee leadership from September, 2017
• Advocacy for County interests
• Active engagement in intergovernmental activities
• Provision of strategic guidance for the committee activities