||Justification for Change
|In the definition of the phrase “eligible county” add the word “Revenue” to Commission on Revenue….
Cite the proper name of the Commission on Revenue Allocation
|To correct an editorial error
|In the definition of the phrase “unutilized balance”
Add a new paragraph (e) to include in the definition money set aside as per Article 204 of the Constitution and not yet appropriated.
|To factor unappropriated monies set aside for the Equalization Fund
Establishment of the Board
| i. Paragraph 4(1)(g) proposes CEO of the Board as a member.
Delete the CEO as member and separately provide for his or her appointment by the Board.
ii. Paragraph (1)(h) recommends membership of-
three other persons nominated from organizations working in equalization fund beneficiary counties and special interest group, appointed by the Cabinet Secretary.
a) This provision is vague, it is unclear how the three slots will be distributed among the organizations and special interest groups. There is therefore need for clarity.
b) The organizations referred to here should be restricted to those entities operating in at least three beneficiary counties.
| i. To enhance the Board’s control over its internal operations.
ii. For clarity and to enhance Board input which would be informed by the extensive experience drawn from presence of such non-state organizations in more than one county.
Functions of the Board
|Paragraph (a) provides for one of the Board functions as follows-
(a) advise and make recommendations to the Cabinet Secretary on the distribution of resources for the provision of the basic services to the marginalized areas under Article 204 of the Constitution;
i. Delete the word ‘distribution’ and substitute with the word ‘appropriation’
ii. Add the following phrase after the word ‘Constitution’…. “in line with the Commission on Revenue Allocation Policy recommendations”
| i. To alleviate an apparent overlap with the CRA mandate under Article 216 of the Constitution on making recommendations on the Equalization Fund
ii. To clarify that the function has to be in line with the CRA Policy.
|Paragraphs (b) and (c) provide for the following functions of the Board-
(b)appraise and evaluate projects proposed under the
workplans submitted by county technical committees to
ensure compliance with the Constitution and the
recommendations issued by the Commission on Revenue
(c) make recommendations on the priority areas requiring
financing and implementation in accordance with the
workplans considered under paragraph (b);
Delete these two paragraphs.
|The content of the two paragraphs overlaps with functions of the committees established in the regulations.
Expenses of the Board
|Clarify content to include the fact that the Board expenses shall include facilitation costs/expenses of the three committees established in the regulations i.e. county technical committee, sub county technical Committee and the project identification and implementation Committee
||For clarity and prudent financial management
Establishment of County Technical Committee
| i. Specify under paragraph (e) that the ‘representatives of implementing sectors’ shall be from the national government
ii. Delete chairperson of CDF recommended as a member under paragraph 14(f)
| i. The Equalization Fund is a national government fund
ii. CDF representation is too heavy in the committee
Functions of the county technical committee
|Add the phrase ‘as received from the sub county technical committee” at the end of the provision.
Functions of the sub county technical committee
|Paragraph (b) substitute the phrase “development proposals” with “funding proposals”
||For uniformity of terms and to avoid confusion
|Paragraph (d) provides for the following function of the committee-
submit project proposals and funding requests received from the Project Identification and Implementation
Committees to the county government;
Delete the term “county government” and replace with “county technical committee”
|To align with the functions of the county technical committee as outlined in the regulations
Establishment of the project identification and implementation Committee
|Remove representation of religious groups
||To alleviate a conflict of choice between the religious groups and NGOs
Functions of the project identification and implementation Committee
|Delete the oversight role of the committee
||For efficacy. The committee cannot be an implementor and also oversight implementation.
Utilization of funds and preparation of workplans
|Delete sub regulations (2) and (3)
Generally, review the role of the CECM Finance in the regulations.
|For coherence and to avoid function overlap with the proposed structure of committees as per the regulations