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"id": 323946,
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"content": "departments in the national or county governments. Our Provincial Commissioners, District Commissioners, District Officers, Chiefs and Assistant Chiefs should continue to execute their duties as public officers in full confidence that they have a future and that they will not be removed from the Public Service, arbitrarily. The Constitution in Section 31(2) of the Sixth Schedule provides that public officers including Provincial Commissioners, District Commissioners, District Officers, Chiefs, and Assistant Chiefs who were in office as at the effective date of the new Constitution shall continue to serve for their unexpired term as if appointed under the new Constitution provided that this is consistent with the new Constitution. Mr. Speaker, Sir, the new Constitution contemplates the restructuring of the Provincial Administration will be completed by the year 2015. The restructuring will be on the basis of the constitutional principles under Article 189 which regulate the relationship between national and county governments. These principles include respect for the functional and institutional integrity of each level of government, consultation and co-operation, mutual support, co-ordination, administration and settlement of inter- governmental disputes through negotiations, mediation and arbitration. The Inter-Government Relations Act, 2012 which will come into operation after the next general election establishes the National and County Government Co-ordinating Summit comprising the President and 47 county governors. The Summit will, inter alia, facilitate and co-ordinate the transfer of functions, powers and competencies from and to either level of Government. The Summit is, therefore, the best suited State organ to oversee the restructuring of the Provincial Administration. The participation of the county governors in the restructuring of the Provincial Administration is a mandatory constitutional requirement. Any attempt, therefore, to restructure the system without the participation of the county governors will be an exercise outside the law. The restructuring will be undertaken as a consultative process between the national Government and county governments and with public participation. Mr. Speaker, Sir, the County Governments Act, 2012, which will also come into operation after the next general election, establishes the structures of county governments. There will be the Governor and his Executive at the county level. There will be the sub-county administrators at the constituency level, ward administrators at the ward level, and village administrator at the village level. The functions and powers of these decentralized units are outlined in Part IV of the County Government Act. Consequently, the current roles of the Provincial Commissioners, District Commissioners, District Officers, Chiefs, and Assistant Chiefs will be rebuilt in the light of these new arrangements. The Constitution requires that functions and powers are handled at the level where they will be most accessible to the people and more effectively performed and most cost effective without duplication. The principle of complementality will also inform the allocation of powers and functions between the two levels of Government. Thank you, Mr. Speaker, Sir."
}