THE CONSTITUTION OF KENYA, 2010
PART 4—THE NATIONAL POLICE SERVICEEnhancing Security: Provisions for Other Police Services and Supervision under the Kenya Constitution, 2010OTHER POLICE SERVICES.
EXPLAINED;According to the provisions stated in the Kenya Constitution, 2010, Parliament is granted the authority to enact legislation for the establishment of other police services. These services will operate under the supervision of the National Police Service and will be commanded by the Inspector-General of the Service. This provision allows for the creation of specialized police units or forces that can address specific security needs or challenges while still operating within the framework of the National Police Service.
The establishment of other police services under the supervision of the National Police Service ensures a coordinated approach to law enforcement and security matters in Kenya. It allows for the pooling of resources, expertise, and intelligence sharing between different police services, ultimately enhancing the overall effectiveness of the country's law enforcement efforts. However, it is crucial to note that these other police services will still be subject to the command and control of the Inspector-General of the National Police Service. This ensures that there is a unified leadership structure and coordination of operations among all police services in the country. The Inspector-General, as the highest-ranking officer in the National Police Service, will have the authority to oversee and direct the activities of these other police services, ensuring that they align with the overall objectives and standards of the National Police Service. The establishment of other police services under the supervision of the National Police Service also underscores the importance of a centralized approach to law enforcement in Kenya. By having a centralized command structure, the country can ensure consistency in the application of the law, adherence to human rights standards, and accountability across all police services. In conclusion, the provision in the Kenya Constitution, 2010 regarding the establishment of other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service allows for the creation of specialized police units or forces to address specific security needs. This provision ensures coordination, pooling of resources, and unified leadership within the overall framework of the National Police Service, thereby enhancing the effectiveness of law enforcement efforts in Kenya. Citation: The Kenya constitution, 2010
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PART 4—THE NATIONAL POLICE SERVICEThe Role and Composition of the National Police Service Commission in Safeguarding Diversity and Ensuring Effective Policing in KenyaNATIONAL POLICE SERVICE COMMISSION.
EXPLAINED;According to the provisions in the Kenya Constitution, 2010, the National Police Service Commission plays a crucial role in ensuring effective policing and safeguarding diversity within the National Police Service. The Commission is established as an independent body responsible for overseeing various aspects of the Service, as stated in Article 246(1).
The composition of the National Police Service Commission is outlined in Article 246(2). It consists of several individuals appointed by the President. These include a person qualified to be appointed as a High Court Judge, two retired senior police officers, and three individuals of integrity who have served the public with distinction. In addition to these appointees, the Inspector-General of the National Police Service and both Deputy Inspectors-General of the Service are also members of the Commission. The primary responsibilities of the National Police Service Commission, as stated in Article 246(3), are:
Furthermore, Article 246(4) emphasizes the importance of reflecting the regional and ethnic diversity of the people of Kenya in the composition of the National Police Service. This provision recognizes the significance of inclusivity and representation in fostering trust and cooperation between the police and the diverse communities they serve. By reflecting regional and ethnic diversity, the Commission can better understand and address the unique needs and concerns of different communities, ultimately enhancing the effectiveness and legitimacy of the National Police Service. In conclusion, the National Police Service Commission, as established by the Kenya Constitution, 2010, plays a vital role in ensuring effective policing and promoting diversity within the National Police Service. The Commission's responsibilities encompass recruitment, appointment, promotion, transfer, disciplinary control, and the performance of other functions prescribed by national legislation. By reflecting regional and ethnic diversity, the Commission strives to build a police force that is representative, accountable, and responsive to the diverse needs of the Kenyan population. Citation: The Kenya constitution, 2010 PART 4—THE NATIONAL POLICE SERVICECommand Structure of the National Police Service in Kenya According to the Kenya Constitution, 2010COMMAND OF THE NATIONAL POLICE SERVICE.
EXPLAINED;The command structure of the National Police Service in Kenya is defined by the Kenya Constitution, 2010. According to Article 245, the office of the Inspector-General of the National Police Service is established. The Inspector-General is appointed by the President with the approval of Parliament and is responsible for exercising independent command over the National Police Service. In addition to this role, the Inspector-General is also mandated to perform any other functions prescribed by national legislation.
Furthermore, the Kenya Police Service and the Administration Police Service are each headed by a Deputy Inspector-General, as stated in Article 245(3). These Deputy Inspector-Generals are appointed by the President based on the recommendation of the National Police Service Commission. Their role is to assist the Inspector-General in the day-to-day operations and management of their respective services. The Cabinet secretary responsible for police services, as mentioned in Article 245(4), has the authority to give lawful directions to the Inspector-General with respect to matters of policy for the National Police Service. However, there are limitations to this power. The Cabinet secretary is prohibited from giving directions regarding the investigation of specific offenses, the enforcement of the law against particular individuals, or the employment, assignment, promotion, suspension, or dismissal of any member of the National Police Service. It is worth noting that any direction given to the Inspector-General by the Cabinet secretary or the Director of Public Prosecutions must be in writing, as stipulated in Article 245(5). This ensures transparency and accountability in the decision-making process. The tenure of the Inspector-General is outlined in Article 245(6). The Inspector-General is appointed for a single four-year term and is not eligible for reappointment. This provision aims to promote fresh leadership and prevent undue influence or complacency. In terms of removal from office, Article 245(7) specifies the grounds on which the President can remove the Inspector-General. These grounds include serious violations of the constitution or any other law, gross misconduct, physical or mental incapacity, incompetence, bankruptcy, or any other just cause. This provision ensures that the Inspector-General can be held accountable for their actions and maintains the integrity of the National Police Service. To ensure the effective implementation of the command structure, Article 245(8) mandates Parliament to enact legislation that gives full effect to the provisions outlined in this article. In conclusion, the command structure of the National Police Service in Kenya, as outlined in the Kenya Constitution, 2010, establishes the role of the Inspector-General, Deputy Inspector-Generals, and the Cabinet secretary responsible for police services. This structure ensures independent command, accountability, and transparency within the National Police Service, ultimately contributing to the maintenance of law and order in the country. Citation: The Kenya constitution, 2010 PART 4—THE NATIONAL POLICE SERVICEObjects and Functions of the National Police Service in Kenya Constitution, 2010OBJECTS AND FUNCTIONS OF THE NATIONAL POLICE SERVICE.
EXPLAINED;The Kenya Constitution, 2010, outlines the objects and functions of the National Police Service in Article 244. These objectives and functions serve as guiding principles for the service in carrying out its duties and responsibilities. Let's explore these in detail:
PART 3—THE NATIONAL INTELLIGENCE SERVICEThe Establishment and Role of the National Intelligence Service in Safeguarding Kenya's SecurityESTABLISHMENT OF NATIONAL INTELLIGENCE SERVICE.
EXPLAINED;The establishment and role of the National Intelligence Service (NIS) in Kenya, as outlined in the Kenya Constitution, 2010, are crucial for enhancing national security and protecting the interests of the Republic.
According to Article 242(1) of the Kenya Constitution, the National Intelligence Service is established as a key component of the national security organs. The primary objective of the NIS, as stated in Article 242(2)(a), is to provide security intelligence and counterintelligence to enhance national security in accordance with the Constitution. This means that the NIS plays a vital role in gathering intelligence, analyzing threats, and taking necessary measures to safeguard the nation from internal and external risks. In addition to its responsibility for security intelligence and counterintelligence, the NIS is also mandated to perform any other functions prescribed by national legislation, as mentioned in Article 242(2)(b). This provision allows the NIS to adapt and respond to emerging security challenges and carry out its duties effectively. The establishment of the NIS reflects the commitment of the Kenyan government to prioritize national security and protect the interests of the Republic. By having a dedicated intelligence service, Kenya can proactively identify and address potential threats, both domestically and internationally, thereby enhancing the overall security of the country. It is important to note that the NIS operates within the framework of the Constitution and is subject to the authority of the Constitution and Parliament, as stated in Article 239(2)(a). This ensures that the NIS functions in compliance with the law and respects the principles of the rule of law, democracy, human rights, and fundamental freedoms, as mentioned in Article 239(2)(b). In conclusion, the establishment and role of the National Intelligence Service in Kenya, as outlined in the Kenya Constitution, 2010, are essential for enhancing national security and protecting the interests of the Republic. The NIS is responsible for security intelligence and counterintelligence, as well as other functions prescribed by national legislation. By fulfilling its mandate, the NIS contributes to the overall security and stability of Kenya. Citation: The Kenya constitution, 2010 PART 4—THE NATIONAL POLICE SERVICEThe Establishment of the National Police Service in Kenya Constitution, 2010ESTABLISHMENT OF THE NATIONAL POLICE SERVICE.
EXPLAINED;According to the Kenya Constitution, 2010, the establishment of the National Police Service is outlined in Article 243. It states that the National Police Service is established as a national service that functions throughout Kenya. The National Police Service consists of two main components: the Kenya Police Service and the Administration Police Service.
The Kenya Police Service and the Administration Police Service are integral parts of the National Police Service, working together to ensure the safety and security of the nation. This composition allows for a comprehensive approach to law enforcement and public safety. The National Police Service is tasked with upholding the highest standards of professionalism and discipline among its members. It has a crucial role in preventing corruption, promoting transparency and accountability, and complying with constitutional standards of human rights and fundamental freedoms. In addition to these responsibilities, the National Police Service is mandated to train its staff to the highest possible standards of competence, integrity, and respect for human rights, fundamental freedoms, and dignity. This emphasis on training ensures that law enforcement officers are equipped with the necessary skills and knowledge to carry out their duties effectively. Moreover, the National Police Service is expected to foster and promote relationships with the broader society. This means that the service should actively engage with the community, creating partnerships and collaborations to enhance public safety and build trust between law enforcement and the public. To ensure the effective functioning of the National Police Service, the Constitution mandates that Parliament enact legislation to give full effect to the provisions outlined in Article 243. This legislation serves as a framework for the operations, administration, and governance of the National Police Service. In conclusion, the Kenya Constitution, 2010, establishes the National Police Service as a national service responsible for maintaining law and order throughout the country. Comprising the Kenya Police Service and the Administration Police Service, it undertakes various functions to enhance national security, professionalism, and accountability. By enacting legislation, Parliament plays a vital role in providing the necessary legal framework for the functioning of the National Police Service. Citation: The Kenya constitution, 2010 PART 2—THE KENYA DEFENCE FORCESThe Establishment and Role of the Defence Forces and Defence Council in KenyaESTABLISHMENT OF DEFENCE FORCES AND DEFENCE COUNCIL.
EXPLAINED;The establishment and role of the Defence Forces and Defence Council in Kenya, as outlined in the Kenya Constitution, 2010, are crucial for safeguarding the sovereignty and territorial integrity of the Republic, assisting in emergencies, and promoting peace within the nation.
Under Article 241(1), the Kenya Defence Forces (KDF) are established, consisting of the Kenya Army, Kenya Air Force, and Kenya Navy. The primary responsibility of the Defence Forces, as stated in Article 241(3)(a), is to defend and protect the sovereignty and territorial integrity of the Republic. This means that the KDF plays a vital role in ensuring the security of the nation against external threats. In addition to their defense role, the Defence Forces are also tasked with assisting and cooperating with other authorities in situations of emergency or disaster, as mentioned in Article 241(3)(b). Whenever deployed in such circumstances, the KDF is required to report to the National Assembly, ensuring transparency and accountability in their operations. Furthermore, the Defence Forces may be deployed to restore peace in any part of Kenya affected by unrest or instability, but only with the approval of the National Assembly, as stated in Article 241(3)(c). This provision ensures that the deployment of the KDF within the country is subject to democratic oversight and consent. The composition of the command of the Defence Forces, as outlined in Article 241(4), is designed to reflect the regional and ethnic diversity of the people of Kenya. This diversity promotes inclusivity and ensures that various perspectives are represented in the decision-making process. To exercise policy control and supervision over the Defence Forces, the Defence Council is established under Article 241(5). The Council consists of the Cabinet Secretary responsible for defense, who serves as the chairperson, the Chief of the Kenya Defence Forces, the three commanders of the defence forces, and the Principal Secretary in the Ministry responsible for defense, as stated in Article 241(6). The Defence Council, as stated in Article 241(7)(a), is responsible for the overall policy, control, and supervision of the Kenya Defence Forces. This means that the Council plays a crucial role in setting strategic direction, ensuring efficient coordination, and maintaining the highest standards of professionalism within the Defence Forces. Additionally, the Council performs any other functions prescribed by national legislation, as mentioned in Article 241(7)(b). In conclusion, the establishment and role of the Defence Forces and Defence Council in Kenya, as outlined in the Kenya Constitution, 2010, are essential for protecting the sovereignty and territorial integrity of the Republic, assisting in emergencies, and maintaining peace within the nation. The Defence Forces are responsible for defending the country, assisting in emergencies, and restoring peace, while the Defence Council ensures policy control, supervision, and coordination of the Kenya Defence Forces. Together, they contribute to the security and stability of Kenya. Citation: The Kenya constitution, 2010 PART 1—NATIONAL SECURITY ORGANSThe Establishment and Role of the National Security Council in KenyaESTABLISHMENT OF THE NATIONAL SECURITY COUNCIL
EXPLAINED;The establishment and role of the National Security Council (NSC) in Kenya, as outlined in the Kenya Constitution, 2010, are crucial for maintaining the security and stability of the nation. The NSC, established under Article 240, consists of the President, Deputy President, Cabinet Secretaries responsible for defense, foreign affairs, and internal security, the Attorney-General, Chief of Kenya Defence Forces, Director-General of the National Intelligence Service, and Inspector-General of the National Police Service.
The primary function of the NSC, as stated in Article 240(3), is to exercise supervisory control over national security organs. Additionally, the Council performs other functions as prescribed by national legislation. This means that the NSC plays a crucial role in ensuring coordination and effective functioning of the national security organs, including the Kenya Defence Forces, National Intelligence Service, and National Police Service. The NSC has the responsibility to integrate domestic, foreign, and military policies related to national security. This integration enables the national security organs to cooperate efficiently and effectively. Moreover, the Council is tasked with assessing and appraising the objectives, commitments, and risks to the Republic in relation to actual and potential national security capabilities. This function ensures that the government can make informed decisions regarding the security of Kenya. Transparency and accountability are essential in matters of national security. The NSC plays a significant role in this aspect by reporting annually to Parliament on the state of Kenya's security. This report provides a comprehensive overview of the nation's security situation and allows for necessary measures to be taken to address any emerging threats. Furthermore, the NSC, with the approval of Parliament, has the authority to deploy national forces outside Kenya for peace support or other operations. Additionally, it has the power to approve the deployment of foreign forces within Kenya. These measures ensure that the NSC has the ability to respond promptly and effectively to regional or international security concerns, while safeguarding the sovereignty and territorial integrity of the nation. In conclusion, the establishment and role of the National Security Council in Kenya, as outlined in the Kenya Constitution, 2010, are vital for maintaining national security. The Council's composition, responsibilities, and functions enable it to exercise supervisory control over national security organs, integrate policies, assess security objectives and risks, and report to Parliament annually. With its powers to deploy national and foreign forces, the NSC plays a crucial role in protecting Kenya's sovereignty and ensuring the safety and well-being of its citizens. Citation: The Kenya constitution, 2010 PART 1—NATIONAL SECURITY ORGANSThe Role and Responsibilities of Kenya's National Security OrgansNATIONAL SECURITY ORGANS.
EXPLAINED;According to the Kenya Constitution, 2010, the national security organs in Kenya are the Kenya Defence Forces, the National Intelligence Service, and the National Police Service. These organs play a crucial role in promoting and guaranteeing national security, with their primary objectives and responsibilities outlined in the Constitution.
The primary objective of the national security organs and the security system as a whole is to promote and guarantee national security in accordance with the principles mentioned in Article 238(2) of the Constitution. These principles include the protection of Kenya's territorial integrity and sovereignty, the safeguarding of the people's rights, freedoms, and property, as well as the preservation of peace, stability, and prosperity. By upholding these principles, the national security organs contribute to maintaining a secure and cohesive nation. In performing their functions and exercising their powers, the national security organs and every member of these organs are required to act in a non-partisan manner. They should not further any interest of a political party or cause, nor should they prejudice a political interest or cause that is legitimate under the Constitution. This ensures that the national security organs remain impartial and serve the best interests of the entire nation, free from any political bias. Furthermore, the Kenya Constitution prohibits the establishment of military, paramilitary, or similar organizations that claim to promote and guarantee national security, except as provided for by the Constitution or an Act of Parliament. This provision ensures that the national security organs, as established by the Constitution, are the sole entities responsible for maintaining national security, preventing the proliferation of unauthorized security organizations. It is important to note that the national security organs in Kenya are subordinate to civilian authority. This means that they operate under the direction and oversight of civilian leadership, ensuring that decisions and actions are made in accordance with democratic principles and the rule of law. This subordination to civilian authority is essential for maintaining a balance between security interests and the protection of civil liberties. To regulate the functions, organization, and administration of the national security organs, Parliament is tasked with enacting legislation. This legislation provides a legal framework for the operations of these organs, ensuring their effectiveness, accountability, and adherence to constitutional principles. In conclusion, the national security organs in Kenya, namely the Kenya Defence Forces, the National Intelligence Service, and the National Police Service, have the primary objective of promoting and guaranteeing national security. They operate in accordance with the principles outlined in the Kenya Constitution, 2010, including the protection of territorial integrity, respect for civil liberties, and adherence to the rule of law. These organs operate under civilian authority and are regulated by legislation enacted by Parliament, ensuring their effectiveness and accountability. Citation: The Kenya constitution, 2010 PART 1—NATIONAL SECURITY ORGANSUpholding the Principles of National Security in KenyaPRINCIPLES OF NATIONAL SECURITY.
Explained;National security in Kenya, as outlined in the Kenya Constitution, 2010, is guided by a set of principles aimed at safeguarding the country's territorial integrity, promoting the rule of law, democracy, human rights, and respecting the diverse cultural heritage of its communities. Additionally, the principles emphasize equitable recruitment in national security organs. Let us explore these principles in detail.
The first principle of national security is to protect Kenya's territorial integrity and sovereignty. This includes defending the nation against internal and external threats that may undermine its borders, people, rights, freedoms, property, and overall peace, stability, and prosperity. Safeguarding these aspects is essential for maintaining a secure and cohesive nation. Furthermore, national security in Kenya is subject to the authority of the Constitution and Parliament. This principle ensures that the actions and decisions taken in the name of national security align with the legal framework established by the Constitution. It emphasizes the importance of upholding the rule of law and democratic principles in all security-related matters. In line with the principles of national security, the pursuit of security measures must be conducted in compliance with the law and with utmost respect for the rule of law, democracy, human rights, and fundamental freedoms. This principle emphasizes that national security measures should not infringe upon the rights and freedoms of individuals. It highlights the importance of balancing security needs with the protection of civil liberties and democratic values. Moreover, national security organs in Kenya are expected to respect the diverse culture of the communities within the country. This principle acknowledges the multicultural nature of Kenya and emphasizes that in performing their functions and exercising their powers, national security organs should be sensitive to and respectful of the different cultural practices and traditions that exist within the nation. Lastly, the principle of equitable recruitment in national security organs reflects the importance of diversity and representation. It stipulates that recruitment processes should ensure that the composition of national security organs reflects the diversity of the Kenyan people in equitable proportions. This principle promotes inclusivity and ensures that all segments of society have a fair opportunity to contribute to the nation's security. In conclusion, the principles of national security in Kenya, as outlined in the Kenya Constitution, 2010, emphasize the protection of territorial integrity, adherence to the rule of law, democracy, human rights, and respect for cultural diversity. These principles guide the actions of national security organs, ensuring that their functions and powers are exercised in a manner that upholds the values and principles enshrined in the Constitution. Moreover, equitable recruitment in national security organs promotes diversity and inclusivity, fostering a sense of national unity and cohesion. Citation: The Kenya constitution, 2010 PART 3—TEACHERS SERVICE COMMISSIONThe Functions and Responsibilities of the Teachers Service Commission in KenyaTEACHERS SERVICE COMMISSION.
EXPLAINED;According to the Kenya Constitution, 2010, the Teachers Service Commission (TSC) is established as a vital institution responsible for various functions and responsibilities related to the teaching profession in Kenya. The TSC plays a crucial role in ensuring the efficiency and effectiveness of the education system. Let us delve into the functions and responsibilities of the TSC as outlined in the constitution.
Firstly, the TSC is responsible for the registration of trained teachers. This function ensures that individuals who have undergone the necessary education and training to become teachers are officially recognized and licensed by the commission. Secondly, the TSC is entrusted with the responsibility of recruiting and employing registered teachers. The commission plays a vital role in the selection and hiring process, ensuring that qualified teachers are appointed to fill vacant positions in the education sector. Furthermore, the TSC is responsible for assigning teachers employed by the commission to various public schools or institutions. This function ensures the equitable distribution of teachers across different educational settings, addressing any imbalances and ensuring that the educational needs of all students are adequately catered for. The TSC also holds the authority to promote and transfer teachers within the education system. This function ensures career development opportunities for teachers, allowing them to progress professionally and contribute to the improvement of the education sector. In addition to these functions, the TSC exercises disciplinary control over teachers. This responsibility includes taking appropriate disciplinary actions against teachers who have violated professional codes of conduct or committed misconduct. The commission ensures that disciplinary procedures are followed, upholding the principles of fairness and justice. The TSC is also empowered to terminate the employment of teachers. This function is exercised when circumstances warrant such action, such as cases of gross misconduct or professional incompetence that cannot be remedied through other means. Moreover, the TSC has a broader mandate to review the standards of education and training for individuals entering the teaching service. This function ensures that the quality of education and training programs for teachers remains high, aligning with the evolving needs of the education sector. Additionally, the TSC is responsible for reviewing the demand for and supply of teachers. This function helps address the challenges of teacher shortages or surpluses, ensuring a balanced and adequate teacher-to-student ratio across the country. Lastly, the TSC serves as an advisory body to the national government on matters relating to the teaching profession. The commission provides expert advice and recommendations to the government, contributing to the development and improvement of the education sector in Kenya. In conclusion, the Teachers Service Commission (TSC) in Kenya, as established by the Kenya Constitution, 2010, has various functions and responsibilities aimed at ensuring the efficiency, effectiveness, and professionalism of the teaching profession.Citation: The Kenya constitution, 2010 Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Protection of Public Officers in Kenya According to the Kenya Constitution, 2010PROTECTION OF PUBLIC OFFICERS.
EXPLAINED;Public officers in Kenya are granted certain protections under the Kenya Constitution, 2010, to ensure their fair treatment and safeguard their rights. These protections are outlined in Article 236 of the constitution.
Firstly, public officers are protected from victimization or discrimination for performing their functions in accordance with the constitution or any other law. This means that public officers cannot be subjected to adverse actions or treated unfairly due to their adherence to the duties and responsibilities of their office. It ensures that public officers can carry out their duties without fear of reprisal or discrimination. Secondly, public officers are safeguarded against arbitrary dismissal, removal from office, demotion in rank, or any other form of disciplinary action. These actions can only be taken against a public officer through due process of law. Due process ensures that public officers have the right to be heard, to present their case, and to receive a fair and impartial review of the allegations or charges made against them. This protection prevents public officers from being unjustly penalized or disciplined without a fair opportunity to defend themselves. By providing these protections, the Kenya Constitution, 2010, aims to create a conducive environment for public officers to perform their duties effectively and without fear of unfair treatment. These safeguards also promote accountability and transparency within the public service by ensuring that disciplinary actions are based on justifiable grounds and are conducted in a fair and transparent manner. It is important to note that these protections are in place to uphold the rights and dignity of public officers while ensuring that they fulfill their duties and obligations to the best of their abilities. Public officers play a crucial role in the delivery of public services and the functioning of government institutions. Therefore, it is essential to provide them with the necessary safeguards to ensure their professional growth and protect them from any form of victimization, discrimination, or unjust disciplinary actions. In conclusion, the Kenya Constitution, 2010, provides important protections to public officers in Kenya. These protections include safeguards against victimization and discrimination for performing their functions according to the constitution and the law. Additionally, public officers are protected from unjust disciplinary actions and can only be subjected to such actions through due process of law. By upholding these protections, the constitution aims to create a fair and conducive environment for public officers to fulfill their duties effectively and contribute to the betterment of society. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Responsibilities of County Governments in Staffing their Public Service in KenyaSTAFFING OF COUNTY GOVERNMENTS.
EXPLAINED;According to the Kenya Constitution, 2010, county governments in Kenya have specific responsibilities when it comes to staffing their public service. These responsibilities are outlined in Article 235 of the constitution.
Firstly, county governments are responsible for establishing and abolishing offices within their public service. This means that county governments have the authority to create new positions or departments that are necessary to effectively deliver public services at the county level. Similarly, they can also abolish offices or positions that are no longer needed or have become redundant. Secondly, county governments have the power to appoint individuals to hold or act in the offices within their public service. This responsibility involves the selection and recruitment of qualified candidates to fill the available positions. The appointment process should be based on merit, fairness, and adherence to any uniform norms and standards prescribed by an Act of Parliament. Additionally, county governments are responsible for confirming appointments made to the public service. This ensures that the appointment process is transparent and that the individuals selected for the positions meet the necessary qualifications and requirements. Confirming appointments is an important step in ensuring that the county government has competent and capable individuals serving in the public service. Furthermore, county governments have the authority to exercise disciplinary control over and remove persons holding or acting in offices within their public service. This responsibility involves maintaining discipline and enforcing professional conduct among public servants. County governments can take appropriate disciplinary measures when public servants engage in misconduct or fail to perform their duties effectively. They also have the power to remove individuals who are not meeting the required standards or are no longer suitable for the positions they hold. It is important to note that the responsibilities outlined above do not apply to any office or position subject to the Teachers Service Commission. The Teachers Service Commission is a separate entity responsible for the staffing of teaching positions within the education sector. In conclusion, according to the Kenya Constitution, 2010, county governments in Kenya have specific responsibilities in staffing their public service. These responsibilities include establishing and abolishing offices, appointing individuals to hold or act in those offices, confirming appointments, and exercising disciplinary control over and removing persons in the public service. By fulfilling these responsibilities, county governments aim to ensure that their public service is efficient, effective, and capable of delivering quality services to the citizens. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONThe Functions and Powers of the Public Service Commission in KenyaFUNCTIONS AND POWERS OF THE PUBLIC SERVICE COMMISSION.
EXPLAINED;The Public Service Commission in Kenya plays a crucial role in ensuring the effective functioning of the public service. According to the Kenya Constitution, 2010, the Commission is entrusted with various functions and powers to uphold the principles and values of the public service.
Firstly, the Commission has the authority to establish and abolish offices in the public service. It also appoints individuals to hold or act in these offices and confirms appointments. This power allows the Commission to shape the structure and composition of the public service to meet the evolving needs of the country. Disciplinary control and removal of persons holding or acting in public service offices is another key function of the Commission. This power ensures accountability and maintains high standards within the public service. The Commission has the responsibility to investigate, monitor, and evaluate the organization, administration, and personnel practices of the public service. By doing so, it promotes transparency, efficiency, and effectiveness in the delivery of public services. The Commission is also tasked with promoting the values and principles outlined in Articles 10 and 232 of the Kenya Constitution throughout the public service. These values include integrity, transparency, accountability, and professionalism. By upholding these principles, the Commission contributes to a culture of good governance and ethical conduct within the public service. Furthermore, the Commission plays a crucial role in the development of human resources in the public service. It focuses on enhancing the skills, knowledge, and capabilities of public servants through various training and development programs. This function ensures that the public service is equipped with competent and qualified personnel to effectively serve the citizens of Kenya. The Commission also reviews and makes recommendations to the national government regarding conditions of service, code of conduct, and qualifications of officers in the public service. By providing guidance in these areas, the Commission helps establish uniform standards and practices across the public service. Additionally, the Commission evaluates and reports to the President and Parliament on the extent to which the values and principles outlined in Articles 10 and 232 are complied with in the public service. This reporting mechanism ensures transparency and accountability in the public service and allows for necessary improvements to be made. The Commission has the authority to hear and determine appeals in respect of county governments' public service. This function ensures that grievances and disputes within the county governments' public service are addressed fairly and impartially. Lastly, the Commission has the power to perform any other functions and exercise any other powers conferred by national legislation. This provision allows for flexibility and adaptation to changing needs and circumstances within the public service. In conclusion, the Public Service Commission in Kenya plays a vital role in ensuring the effective functioning of the public service. Its functions and powers, as outlined in the Kenya Constitution, 2010, encompass various responsibilities such as establishing offices, appointing personnel, disciplinary control, promoting values and principles, developing human resources, and providing oversight. Through its actions, the Commission upholds the principles of good governance and aims to deliver efficient and effective public services to the citizens of Kenya. Citation: The Kenya constitution, 2010 PART 2—THE PUBLIC SERVICE COMMISSIONEligibility Criteria for Appointment as a Member of the Public Service Commission in KenyaTHE PUBLIC SERVICE COMMISSION.
EXPLAINED;The Public Service Commission in Kenya plays a crucial role in the governance of the country. To ensure the integrity and effectiveness of this commission, specific eligibility criteria have been outlined in the Kenya Constitution, 2010. These criteria aim to ensure that only qualified individuals are appointed as members of the Public Service Commission.
According to the constitution, the Public Service Commission consists of a chairperson, a vice chairperson, and seven other members. The President appoints these members with the approval of the National Assembly. However, there are certain restrictions that determine the eligibility of individuals for these positions. Firstly, a person is not eligible for appointment as a member of the Public Service Commission if they have held office or stood for election as a member of Parliament or a county assembly within the preceding five years. Similarly, individuals who have been members of the governing body of a political party are also ineligible for appointment. Furthermore, holding any State office disqualifies an individual from becoming a member of the Commission. This provision ensures that there is no conflict of interest or undue influence in the functioning of the Public Service Commission. Additionally, individuals who have been candidates for election as a member of Parliament or a county assembly, or have held office in any political organization that sponsors or supports such candidates, are not eligible for appointment. However, it is important to note that these restrictions cease to apply to a person after two general elections for Parliament have been held since the person ceased to be a candidate or office holder. Apart from these restrictions, the constitution also mentions the appointment of a secretary to the Commission. The secretary serves as the chief executive of the Commission and is appointed for a term of five years, with the possibility of re-appointment once. In conclusion, the eligibility criteria for appointment as a member of the Public Service Commission in Kenya aim to ensure that only qualified and unbiased individuals hold these important positions. These criteria, as outlined in the Kenya Constitution, 2010, prevent individuals with recent political involvement or conflicts of interest from becoming members of the Commission. By upholding these eligibility criteria, the integrity and effectiveness of the Public Service Commission are safeguarded, contributing to transparent and accountable governance in Kenya. Citation: The Kenya constitution, 2010 PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICEUpholding Values and Principles: The Essence of Public Service in KenyaVALUES AND PRINCIPLES OF PUBLIC SERVICE.
Explained;The Kenya Constitution, 2010, emphasizes the importance of values and principles in public service. These fundamental ideals guide the conduct and actions of public servants at both levels of government and within state corporations. By adhering to these values, public servants contribute to the efficient, effective, and equitable provision of services to the people of Kenya.
High standards of professional ethics form the bedrock of public service. Public servants are expected to uphold integrity, honesty, and moral conduct in their professional endeavors. This ensures that their actions are guided by ethical principles and serve the best interests of the public. Efficient, effective, and economic use of resources is another crucial value. Public servants are entrusted with the responsible management of public funds and resources. By optimizing resource allocation and usage, they ensure that public services are delivered in a cost-effective and efficient manner, maximizing the benefits for the citizens. Responsive, prompt, effective, impartial, and equitable provision of services is a key principle in public service. Public servants must be attentive to the needs and concerns of the people they serve, providing timely and effective solutions. They are expected to treat all citizens impartially, without favoritism or discrimination, ensuring that services are accessible and equitable for all. Involvement of the people in the process of policy making is an essential value in public service. Public servants should actively engage citizens, seeking their input and feedback in the formulation of policies. By involving the people, public servants ensure that policies are reflective of the needs and aspirations of the population, fostering a sense of ownership and inclusivity in decision-making processes. Accountability for administrative acts is a cornerstone of public service. Public servants must take responsibility for their actions and decisions, ensuring transparency and answerability to the public. This promotes trust and confidence in the government and state corporations, reinforcing the legitimacy of their actions. Transparency and the provision of timely, accurate information are vital principles in public service. Public servants are obligated to provide the public with accurate and up-to-date information, facilitating informed decision-making and fostering public trust. Transparency ensures that the public is aware of the government's actions and holds public servants accountable for their conduct. Fair competition and merit as the basis of appointments and promotions are emphasized in public service. Public servants should be selected and promoted based on their qualifications, skills, and merit, ensuring a level playing field and fostering a culture of excellence within the public service. Representation of Kenya's diverse communities is a value that promotes inclusivity and the recognition of the country's rich cultural heritage. Public service should reflect the diversity of the nation, with representation from different ethnic groups and individuals with disabilities. This ensures that policies and services are sensitive to the unique needs and perspectives of all Kenyan citizens. Lastly, the values and principles of public service apply to both levels of government and state corporations. All state organs, regardless of their level, are expected to embody these ideals in their operations and service delivery. State corporations, as extensions of the government, must also adhere to these values and principles to ensure effective governance and efficient service provision. In conclusion, the values and principles of public service outlined in the Kenya Constitution, 2010, form the basis for ethical and effective governance in Kenya. By upholding these values, public servants at all levels of government and within state corporations can contribute to the betterment of society, ensuring the delivery of prompt, responsive, and equitable services to all citizens. Citation: The Kenya Constitution, 2010 PART 7— FINANCIAL OFFICERS AND INSTITUTIONSThe Central Bank of Kenya: Establishing Stability and Promoting Monetary PolicyCENTRAL BANK OF KENYA.
Explained;According to the Kenya Constitution, 2010, the Central Bank of Kenya (CBK) is established as the country's primary financial institution. Its primary responsibilities include formulating monetary policy, promoting price stability, issuing currency, and performing other functions as mandated by an Act of Parliament.
The establishment of the Central Bank of Kenya is explicitly stated in the constitution, signifying its importance and role in the country's financial system. As the central bank, it is entrusted with the authority to make decisions regarding monetary policy. This includes managing the money supply, interest rates, and exchange rates to achieve the objectives of price stability and economic growth. The Central Bank of Kenya is granted autonomy and independence in the exercise of its powers and the performance of its functions. It is not subject to the direction or control of any person or authority. This independence ensures that the CBK can make objective and unbiased decisions in the best interest of the country's financial stability. In terms of operations, the Central Bank of Kenya is responsible for issuing currency, which includes the production and distribution of notes and coins. These notes and coins may bear images that depict or symbolize Kenya or an aspect of Kenya, but they are not allowed to bear the portrait of any individual. This provision aims to maintain the integrity and neutrality of the currency. Furthermore, the composition, powers, functions, and operations of the Central Bank of Kenya are detailed in an Act of Parliament. This legislation provides guidelines and regulations for the operations of the CBK, ensuring transparency, accountability, and effective governance within the institution. In conclusion, the Central Bank of Kenya, as established by the Kenya Constitution, 2010, plays a crucial role in the country's financial system. It formulates monetary policy, promotes price stability, issues currency, and operates independently to maintain the integrity and stability of the financial sector. Through its autonomy and adherence to an Act of Parliament, the CBK functions as a key institution in safeguarding the country's economic well-being. Citation: The Kenya Constitution, 2010 PART 7— FINANCIAL OFFICERS AND INSTITUTIONSThe Establishment, Composition, Powers, and Functions of the Salaries and Remuneration Commission in KenyaSALARIES AND REMUNERATION COMMISSION.
EXPLAINED;According to the Kenya Constitution, 2010, the Salaries and Remuneration Commission (SRC) is established to address matters relating to remuneration and benefits of public officers in Kenya. The composition of the SRC includes various individuals appointed by the President.
The Salaries and Remuneration Commission consists of the following members appointed by the President: a chairperson, individuals nominated by bodies such as the Parliamentary Service Commission, Public Service Commission, Judicial Service Commission, Teachers Service Commission, National Police Service Commission, Defence Council, and the Senate representing county governments. Additionally, individuals nominated by umbrella bodies representing trade unions, employers, and a joint forum of professional bodies are also included. Furthermore, the Cabinet Secretary responsible for finance and the Attorney-General nominate one person each, while another individual with experience in human resources management in the public service is nominated by the Cabinet Secretary responsible for public service. It is important to note that the Commissioners nominated under clauses (1)(d) and (1)(e) of the SRC do not have voting rights. The Salaries and Remuneration Commission has been vested with specific powers and functions. These include setting and regularly reviewing the remuneration and benefits of all State officers and advising the national and county governments on the remuneration and benefits of all other public officers. In carrying out its functions, the Commission must consider certain principles. These principles include ensuring that the total public compensation bill is fiscally sustainable, attracting and retaining the necessary skills within the public services, recognizing productivity and performance, and promoting transparency and fairness. The establishment, composition, powers, and functions of the Salaries and Remuneration Commission are crucial in ensuring fair and sustainable remuneration for public officers in Kenya. By setting and reviewing remuneration and benefits, the SRC aims to maintain fiscal responsibility, attract skilled individuals, and promote transparency and fairness in the public sector. In conclusion, the Salaries and Remuneration Commission, as outlined in the Kenya Constitution, 2010, plays a vital role in addressing matters related to remuneration and benefits of public officers. Its composition, powers, and functions ensure fair and sustainable compensation while considering the needs of the public sector and the principles of transparency and fairness. Citation: The Kenya Constitution, 2010 PART 7— FINANCIAL OFFICERS AND INSTITUTIONSThe Qualifications, Responsibilities, and Reporting Requirements of the Auditor-General in KenyaAUDITOR-GENERAL.
EXPLAINED;The Auditor-General in Kenya plays a critical role in promoting transparency, accountability, and effective financial management in the country. According to the Kenya Constitution, 2010, the Auditor-General is nominated by the President and appointed with the approval of the National Assembly. Let's delve into the qualifications, responsibilities, and reporting requirements outlined in the Constitution.
To be eligible for the position of Auditor-General, an individual must possess extensive knowledge of public finance or have at least ten years of experience in auditing or public finance management. This requirement ensures that the Auditor-General is equipped with the necessary expertise to fulfill their responsibilities effectively. The Auditor-General holds office for a fixed term of eight years and is not eligible for reappointment, ensuring independence and continuity in their role. This provision safeguards against any potential political interference and allows the Auditor-General to carry out their duties impartially. One of the primary responsibilities of the Auditor-General is to conduct audits and prepare reports on various entities and accounts. This includes auditing and reporting on the accounts of the national and county governments, funds and authorities, courts, commissions and independent offices, National Assembly, Senate, county assemblies, political parties funded from public funds, public debt, and any other entity required by legislation to be audited. The Auditor-General is empowered to determine whether public money has been applied lawfully and effectively. The audit reports prepared by the Auditor-General are required to be submitted to Parliament or the relevant county assembly. This ensures that the findings and recommendations of the Auditor-General are accessible to the legislative bodies responsible for oversight. Within three months of receiving an audit report, Parliament or the county assembly must debate and consider the report, taking appropriate action based on its findings. The qualifications, responsibilities, and reporting requirements of the Auditor-General, as outlined in the Kenya Constitution, 2010, aim to promote accountability, transparency, and sound financial management. By conducting audits, providing objective reports, and ensuring that public funds are used lawfully and effectively, the Auditor-General plays a crucial role in upholding good governance and safeguarding the interests of the public. In conclusion, the Auditor-General in Kenya is entrusted with the responsibility of auditing and reporting on various entities and accounts to promote accountability and transparency. With the necessary qualifications and a fixed term of office, the Auditor-General operates independently and objectively. By fulfilling their duties, the Auditor-General contributes to the effective management of public finances and the overall development of the country. Citation: The Kenya Constitution, 2010 PART 7— FINANCIAL OFFICERS AND INSTITUTIONSThe Roles and Responsibilities of the Controller of Budget in KenyaCONTROLLER OF BUDGET.
EXPLAINED;As per the provisions outlined in the Kenya Constitution, 2010, the Controller of Budget in Kenya has several important roles and responsibilities.
Firstly, the Controller of Budget is appointed by the President, with the approval of the National Assembly. To be eligible for this position, a person must possess extensive knowledge of public finance or have at least ten years of experience in auditing public finance management. The Controller of Budget is entrusted with the responsibility of overseeing the implementation of the budgets of both the national and county governments. This includes authorizing withdrawals from public funds under Articles 204, 206, and 207 of the Constitution. The Controller plays a vital role in ensuring that the utilization of public funds is in line with the approved budgets. Additionally, the Controller of Budget is required to ensure that any withdrawal from a public fund is authorized by law. This responsibility ensures that public funds are used in a legal and accountable manner. Furthermore, the Controller of Budget is required to submit a report on the implementation of the budgets of the national and county governments to each House of Parliament every four months. This regular reporting helps to maintain transparency and accountability in the budgetary process. Lastly, the Controller of Budget holds office for a term of eight years and is not eligible for re-appointment, as stated in Article 251 of the Constitution. This provision ensures the independence and stability of the Office of the Controller of Budget. In conclusion, the Controller of Budget in Kenya plays a crucial role in overseeing the implementation of budgets at the national and county levels. Their responsibilities include authorizing withdrawals from public funds, ensuring compliance with the law, and providing regular reports to Parliament. By fulfilling these roles, the Controller contributes to the transparency, accountability, and efficient management of public finances in Kenya. Citation: The Kenya Constitution, 2010 PART 6—CONTROL OF PUBLIC MONEYProvisions for Procurement of Public Goods and Services in the Kenya Constitution, 2010PROCUREMENT OF PUBLIC GOODS AND SERVICES.
EXPLAINED;According to the provisions laid out in the Kenya Constitution, 2010, the procurement of public goods and services by State organs and public entities must adhere to a system that is fair, equitable, transparent, competitive, and cost-effective.
To ensure fairness and transparency, an Act of Parliament is mandated to prescribe a framework for the implementation of procurement and asset disposal policies. This framework may include various provisions such as:
In conclusion, the Kenya Constitution, 2010, emphasizes the importance of fair, transparent, and cost-effective procurement of public goods and services. Through the establishment of a comprehensive framework, it seeks to promote fairness, protect disadvantaged individuals, and hold both contractors and individuals accountable for their actions. These provisions play a crucial role in safeguarding the interests of the Kenyan people and ensuring the efficient utilization of public resources. Citation: The Kenya Constitution, 2010 PART 6—CONTROL OF PUBLIC MONEYEnsuring Efficient and Transparent Fiscal Management in Kenya's Public EntitiesACCOUNTS AND AUDIT OF PUBLIC ENTITIES.
EXPLAINED;In order to ensure efficient and transparent fiscal management, the Kenya Constitution 2010 establishes several measures related to the keeping of financial records, auditing of accounts, and accountability of public entities at the national and county level of government.
Firstly, an Act of Parliament is required to provide for the keeping of financial records and the auditing of accounts of all governments and other public entities (doc_1). This legislation is crucial in ensuring that financial records are accurately maintained and that accounts are audited to promote transparency and accountability. The Act of Parliament also prescribes other measures aimed at securing efficient and transparent fiscal management (doc_1). These additional measures serve to enhance the overall financial governance and control within public entities. Moreover, the Kenya Constitution 2010 mandates the designation of an accounting officer in every public entity at the national and county level of government (doc_1). This requirement ensures that there is an individual responsible for overseeing the financial management of each entity and being accountable for its financial decisions and actions. The accounting officer of a national public entity is held accountable to the National Assembly for its financial management, while the accounting officer of a county public entity is accountable to the county assembly (doc_1). This accountability structure ensures that there is oversight and scrutiny of financial management practices at both the national and county levels of government. Additionally, the accounts of all governments and state organs are subject to auditing by the Auditor-General, with the exception of certain clauses outlined in the document (doc_1). This auditing process provides an independent assessment of the financial activities and performance of these entities, enhancing transparency and accountability. Furthermore, the accounts of the office of the Auditor-General itself are audited and reported on by a professionally qualified accountant appointed by the National Assembly (doc_4). This ensures that the Auditor-General's office is also held to high standards of financial management and reporting. To reinforce the importance of responsible financial management, the Kenya Constitution 2010 states that if a holder of a public office directs or approves the use of public funds contrary to law or instructions, they are liable for any resulting loss and must make good on that loss, irrespective of whether they remain in office or not (doc_5). This provision promotes accountability for the use of public funds and discourages any misuse or misappropriation. In conclusion, the Kenya Constitution 2010 outlines various measures to ensure efficient and transparent fiscal management in public entities. These measures include the keeping of financial records, the auditing of accounts, the designation of accounting officers, and the accountability of public officials. By adhering to these provisions, Kenya aims to enhance financial governance, promote transparency, and strengthen accountability in the management of public funds. Citation: The Kenya constitution, 2010 PART 6—CONTROL OF PUBLIC MONEYEnsuring Financial Control, Expenditure Control, and Transparency in Kenya's GovernmentsFINANCIAL CONTROL.
EXPLAINED;The Kenya Constitution 2010 outlines the legislation and mechanisms in place to ensure financial control, expenditure control, and transparency in all governments in Kenya.
To begin with, an Act of Parliament is required to establish the functions and responsibilities of the national Treasury (doc_1). This legislation ensures that the national Treasury operates effectively and efficiently in managing the financial affairs of the government. In addition, Parliament is mandated to enact legislation that ensures both expenditure control and transparency in all governments (doc_1). This legislation is crucial in promoting responsible spending practices and ensuring that financial resources are used for their intended purposes. Furthermore, the legislation allows for the establishment of mechanisms to ensure the implementation of expenditure control and transparency measures (doc_1). These mechanisms play a vital role in monitoring and enforcing compliance with financial regulations and policies. One important mechanism established is the authorization given to the Cabinet Secretary responsible for finance to stop the transfer of funds to a State organ or any other public entity in case of a serious material breach or persistent material breaches (doc_1). This mechanism acts as a deterrent against mismanagement of funds and promotes accountability. However, it is important to note that the decision to stop the transfer of funds may not exceed fifty percent of funds due to a county government (doc_1). This ensures that essential services and operations of the county government are not unduly affected. Additionally, there are specific requirements and limitations in place for the decision to stop the transfer of funds. It shall not stop the transfer of funds for more than sixty days, and it may only be enforced immediately but will lapse retrospectively unless approved by Parliament within thirty days (doc_1). This ensures that there is a timely review and resolution of such decisions. Parliament has the power to renew a decision to stop the transfer of funds, but for no more than sixty days at a time (doc_1). This ensures that the decision is regularly reviewed and allows for flexibility in addressing any ongoing issues or concerns. Furthermore, before Parliament approves or renews a decision to stop the transfer of funds, certain requirements must be met. The Controller of Budget must present a report on the matter to Parliament, and the public entity in question must be given an opportunity to answer the allegations and state its case before the relevant parliamentary committee (doc_1). These requirements ensure fairness, transparency, and due process in the decision-making process. In conclusion, the Kenya Constitution 2010 provides legislation and mechanisms to ensure financial control, expenditure control, and transparency in all governments in Kenya. These include the establishment of the national Treasury, legislation enacted by Parliament, and mechanisms such as the authorization to stop the transfer of funds. These measures promote responsible financial management and accountability in the use of public funds. Citation: The Kenya constitution, 2010 PART 5—BUDGETS AND SPENDINGProcedure for Preparing and Adopting County Annual Budgets and Appropriation Bills in KenyaCOUNTY APPROPRIATION BILLS.
Explained;According to the Kenya Constitution 2010, county governments in Kenya have a specific procedure for preparing and adopting their annual budgets and appropriation Bills.
The process begins with the Division of Revenue Bill, which is passed by Parliament under Article 218 (doc_6). This bill outlines the allocation of funds between the national government and county governments. Based on the Division of Revenue Bill, each county government is then required to prepare and adopt its own annual budget and appropriation Bill (doc_6). The form and procedure for preparing and adopting the county annual budget and appropriation Bill are prescribed in an Act of Parliament (doc_6). This Act provides guidelines and requirements that county governments must follow in order to ensure consistency and transparency in the budgeting process. While the specific details of the form and procedure may vary depending on the Act of Parliament, the Kenya Constitution 2010 emphasizes the importance of county governments having their own budgeting process that aligns with national priorities and guidelines (doc_6). This allows counties to tailor their budgets to their specific needs and circumstances. By giving county governments the responsibility to prepare and adopt their own annual budgets and appropriation Bills, the Kenya Constitution 2010 promotes decentralization and local decision-making. It recognizes the unique needs and challenges faced by each county and allows for effective allocation of resources to address those needs. In conclusion, the Kenya Constitution 2010 mandates that county governments in Kenya prepare and adopt their own annual budgets and appropriation Bills. This process is based on the Division of Revenue Bill passed by Parliament, and the specific form and procedure are prescribed in an Act of Parliament. This ensures that county governments have the autonomy to tailor their budgets to their specific needs and promote effective resource allocation at the local level. Citation: The Kenya constitution, 2010 PART 5—BUDGETS AND SPENDINGSupplementary Appropriation and Limitations on Expenditure Before Annual Budget is Passed in the Kenya Constitution 2010SUPPLEMENTARY APPROPRIATION.
EXPLAINED;According to the Kenya Constitution 2010, there are provisions for supplementary appropriation and limitations on expenditure before the annual budget is passed.
Supplementary appropriation allows the national government to spend money that has not been appropriated under certain circumstances (doc_6). These circumstances include when the amount appropriated for a specific purpose under the Appropriation Act is insufficient or when a need arises for expenditure for a purpose that has not been appropriated by the Act (doc_6). Additionally, money can be withdrawn from the Contingencies Fund for this purpose (doc_6). However, there are limitations and procedures that must be followed in such cases. The approval of Parliament must be sought within two months after the first withdrawal of the money (doc_6). If Parliament is not sitting during this time or adjourns before the approval is sought, the approval must be sought within two weeks after it next sits (doc_6). Once the spending is approved by the National Assembly, an appropriation Bill must be introduced for the appropriation of the money spent (doc_6). This ensures transparency and accountability in the use of funds. Furthermore, there are limitations on the amount that can be spent under this provision. In any particular financial year, the national government cannot spend more than ten percent of the sum appropriated by Parliament for that financial year, unless special circumstances warrant a higher percentage and are approved by Parliament (doc_6). These provisions and limitations in the Kenya Constitution 2010 ensure that expenditure before the annual budget is passed is carried out responsibly and with proper oversight. The requirement for seeking approval from Parliament within specified timeframes and the limitations on the amount that can be spent safeguard against misuse of funds and maintain fiscal discipline. In conclusion, the Kenya Constitution 2010 includes provisions for supplementary appropriation and limitations on expenditure before the annual budget is passed. The national government can spend money that has not been appropriated under certain circumstances, but the approval of Parliament must be sought within specific timeframes. Additionally, there are limitations on the amount that can be spent, unless special circumstances are approved by Parliament. These provisions and limitations promote accountability and responsible fiscal management. Citation: The Kenya constitution, 2010 |
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