LAW AND COUNTY INTEGRATED DEVELOPMENT PLAN (CIDP)
The County Integrated Development Plan (CIDP) is a 5-year Plan prepared by county executive and approved by the county assembly. This article will highlight the legislation which guide the formulation of CIDPs in Kenya. This is important considering that this is the second time Kenyans are engaging in the exercise since 2013.
In this article we look at the Constitution of Kenya, the Public Finance Management Act 2012, the County Government Act 2012 and Nairobi County Public Participation Act, 2015 for us to understand what the law says on issues such as public participation and formulation of county plans. Enjoy reading.
THE CONSTITUTION
±Article 1 states that all sovereign power belongs to the people of Kenya.
±Article 174: This article highlights issues of devolution. One of the objects of devolution is to give powers of self-governance and enhance the participation of the people in the exercise of the powers of the state and in making decisions affecting them.
±To promote social and economic development and the provision of proximate, easily accessible services throughout Kenya.
±To ensure equitable sharing of national and local resources throughout Kenya.
County Government Act, 2012
±87: Citizen participation in Counties- Principles
±Timely access to information, data, documents and other information, relevant to policy formulation and implementation.
±Reasonable access to the process of formulating and implementing policies, laws and regulations including the approval of development proposals, projects and budgets.
±Protection and promotion of the interests of minorities, marginalized groups, and their access to info.
Recognition and promotion of the reciprocal roles of non-state actors’ participation.
±91: Structures of citizen participation include- County Government Act 2012
±ICT based platforms – website etc
±Town hall meetings
±Budget preparation and validation
±Notice boards – jobs, notices, awards, tenders etc
±Development project sites
±Citizen forums at county and decentralized units
±SECTION 108 of County Government Act 2012:
County Integrated Development Plan (CIDP) is a 5 year plan prepared by counties
±Investment initiatives in the county
±Any development initiatives –
±All known projects, plans and programs to be implemented within the county by any organ of state.
±The key performance indicators set by the county
±CIDP should have attached to it: maps, statistics and other appropriate documents
±Resource mobilization and management framework
FINANCIAL STRATEGY
- ±Revenue raising strategies
- ±Asset management strategies
- ±Financial management strategies
- ±Capital financing strategies
- ±PUBLIC PARTICIPATION GUIDELINES: – No public resources shall be appropriated outside a planning framework developed by the county executive and approved by the county assembly.
AMENDMENT OF CIDP – Sec 112
±A county executive may by resolution, introduce a proposal to amend the county’s CIDP
±A proposal for amendment has to be considered or rejected by the CA in accordance with its standing orders.
±The proposal should be accompanied by a memorandum setting out the reasons for the proposal.
ROLE OF CIDP
±Inform county budgets
±Each CIDP should provide clear input, output and outcome performance indicators
PUBLIC PARTICIPATION IN COUNTY PLANNING
±SEC 115 of CGA 2012 makes participation in county planning mandatory
±It provides clear environmental impact assessment reports
±Each county assembly shall develop laws and regulations giving effect to the requirement of effective citizen participation in development planning.
±PFM Act Section 207 calls for CGs to establish structures, mechanisms for citizen participation.
±—Nairobi City County has developed Citizen Participation Act 2015 ******
NAIROBI COUNTY PUBLIC PARTICIPATION ACT 2015
± Sec 5 (f): office responsible shall prepare annual report on public participation in accordance with CGA, 2012. check CGA sec 92 (2)
±NOTICE (sec 9)
±Publication in at least two daily newspapers
±Official website of the county
±Radio broadcasts covering the area of the county
±In any other media with wide reach to interested persons including social media platforms
±A copy should be published in the County Gazette – churches, mosques, Temples and community social halls.
PUBLIC FINANCE MANAGEMENT ACT 2012
±207 (f): special needs of people who cannot read or write should be considered
That is it on law and County Integrated Development Plan (CIDP).
Follow us on Twitter @kerosiT for more informative and entertaining content.
