LAWS OF KENYA

THE NATIONAL GOVERNMENT CO-ORDINATION ACT

CHAPTER 127

Revised Edition 2023

Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2023] CAP. 127
National Government Co-ordination

CHAPTER 127

NATIONAL GOVERNMENT CO-ORDINATION ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title
2. Interpretation
3. Object of the Act
4. Guiding principles
5. Accessibility of national government service
6. Powers of the President and Governor remain unaffected
PART II – NATIONAL GOVERNMENT
CO-ORDINATION FRAMEWORK
7. Powers of the President in co-ordination of national government functions
8. The Office of the President
9. The Cabinet
10. Individual and collective responsibility of the Cabinet Secretaries
11. Cabinet office
12. Principal Secretaries
13. Powers of the President to establish Committees
14. Service delivery co-ordination units
PART III – APPOINTMENT, ROLES AND RESPONSIBILITIES
OF NATIONAL GOVERNMENT ADMINISTRATIVE OFFICERS
15. Recruitment and appointment of the national government administrative
officers
16. Powers of a national government administrative officer
17. Functions of national government administrative officers
18. Scheme of service for administrative officers
PART IV – COLLABORATION AND DISPUTE RESOLUTION
BETWEEN THE NATIONAL AND COUNTY GOVERNMENTS
ON ISSUES OF APPARENT CONCURRENT MANDATE
19. Constitution of mediation team
PART V – MISCELLANEOUS PROVISIONS
20. Savings and transfer of staff
21. Transfer of assets etc.
22. Protection from personal liability
23. Regulations
24. [Spent]
25. [Spent]

3
[Rev. 2023] CAP. 127
National Government Co-ordination

CHAPTER 127

NATIONAL GOVERNMENT CO-ORDINATION ACT

[Date of assent: 14th January, 2013.]
[Date of commencement: 9th March, 2013.]
An Act of Parliament to establish an administrative and institutional
framework for co-ordination of national government functions at the
national and county levels of governance; to give effect to Articles 131(1)
(b) and 132(3)(b) of the Constitution and for connected purposes
[Act No. 1 of 2013, Gazette Notice 3144 of 2013, Act No. 21 of 2023.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the National Government Co-ordination Act.
2. Interpretation
(1) In this Act, unless the context otherwise requires—
"Cabinet Secretary" means the Cabinet Secretary responsible for matters
relating to the co-ordination of national government functions;
"county" means any one of the counties into which the territory of Kenya is
divided as specified in the First Schedule to the Constitution;
"national government administrative officer" means an officer recruited
and appointed as such under section 15;
"national government function" means a function assigned by the
Constitution, this Act or any other law to the executive arm of government;
"Principal Secretary" means a Principal Secretary appointed under Article
155 of the Constitution.
(2) Spent
3. Object of the Act
The object of this Act is to—
(a) facilitate the exercise of executive authority pursuant to Articles 131(1)
(b) and 132(3)(b) and (c) of the Constitution;
(b) provide for the effective co-ordination and administration of the
national government functions prescribed in the Constitution, this Act
or any other written law; and
(c) provide for the establishment of an administrative and institutional
framework at the national, county and decentralised units to ensure
access to national government services in all parts of the Republic.
4. Guiding principles
In fulfilling its mandate, the national government shall act in accordance with
the national values and principles of the Constitution in particular, those set out in
Articles 10, 189, 201(d) and 232.

5
CAP. 127 [Rev. 2023]
National Government Co-ordination

5. Accessibility of national government service

The national government shall ensure reasonable access to its services in all
parts of the Republic, so far as it is appropriate to do so having regard to the nature
of the service pursuant to Article 6(3) of the Constitution.
6. Powers of the President and Governor remain unaffected
Nothing in this Act shall be construed to—
(a) limit the powers of the President under Articles 131(1)(b) and 132(3)
(b) and (4)(a) of the Constitution;
(b) affect the co-ordination of county government functions as provided
for under the Constitution or any other written law; or
(c) limit the powers of the county governor as conferred under the
Constitution or any other written law.
PART II – NATIONAL GOVERNMENT CO-ORDINATION FRAMEWORK
7. Powers of the President in co-ordination of national government functions
(1) Pursuant to Articles 131(1)(b) and 132(3)(b) of the Constitution, the
President may, for purposes of directing and coordinating the functions of the
national government departments—
(a) assign, through the respective Cabinet Secretary the responsibility of
discharging any function of the national executive to any person in
accordance with the Constitution, this Act or any other written law; and
(b) require a person, to whom responsibility is assigned under paragraph
(a) to prepare and submit a report on any matter.
(2) Without prejudice to subsection (1), the President shall use the following
framework for the co-ordination of the national executive functions—
(a) the Office of the President;
(b) the Cabinet;
(c) the Cabinet office; and
(d) the co-ordination committees as may be necessary.
8. The Office of the President
(1) Pursuant to Article 132(3)(b) of the Constitution, the President shall be
responsible for the co-ordination of functions of Ministries, State and government
departments.
(2) For purposes of co-ordination of national government functions under the
Constitution, this Act or any other written law, the Office of the President shall have
such number of National Government Administrative Officers as shall be necessary
for the effective and efficient co-ordination of national government functions.
9. The Cabinet
(1) Pursuant to Articles 153 of the Constitution, the Cabinet shall coordinate
the functions of the national government at the national level.
(2) The Cabinet Secretaries shall be accountable individually and collectively,
to the President for the exercise of their powers and the performance of their
functions.

6
[Rev. 2023] CAP. 127
National Government Co-ordination

(3) A Cabinet Secretary shall be responsible for policy formulation and guidance
and, where required, implementation of the policy in respect of the respective
Ministry, State departments or agencies under him or her.
(4) A Cabinet secretary shall be the link between the State department and the
President or Parliament as the case may be.
10. Individual and collective responsibility of the Cabinet Secretaries
(1) Each Cabinet Secretary shall be responsible for the functions assigned to
him or her by the President, the Constitution, this Act, or any other written law.
(2) Collective responsibility of the Cabinet referred to under Article 153(2) of
the Constitution means that all decisions of the Cabinet are binding on all Cabinet
Secretaries.
11. Cabinet office
(1) The Cabinet office referred to under Article 154(3)(a) of the Constitution
shall be headed by the Secretary to the Cabinet.
(2) In the discharge of the functions of the Cabinet, the Cabinet office shall offer
secretariat and support services to the Cabinet.
(3) The Public Service Commission shall recruit and appoint such number of
public officers as the Secretary to the Cabinet may require for the effective and
efficient discharge of the functions of the office.
(4) The Cabinet office shall perform such other functions as may be assigned
to it by the President or the Cabinet.
12. Principal Secretaries
(1) Pursuant to Article 155(2) of the Constitution, each Principal Secretary shall
be responsible for the administration of a State department.
(2) Pursuant to Article 155(3) of the Constitution, the President may appoint
such number of Principal Secretaries as may be necessary for the effective
discharge of the national government functions.
13. Powers of the President to establish Committees
(1) The President shall establish such committees of Principal Secretaries and
such other committees or mechanisms as may be necessary for the effective co-
ordination of the national government functions under the Constitution, this Act or
any other written law.
(2) The President, through the Cabinet Secretary, may decentralize, to the
extent necessary the mechanisms or committees referred to under subsection (1).
(3) The Cabinet Secretary may, with the approval of the President, make
regulations to give effect to this section.
(4) The President may assign such functions, as he or she considers necessary
to the committees established under this section.
(5) The committees established under this section shall have all the necessary
powers for the proper performance of their functions under this Act or any other
written law.
14. Service delivery co-ordination units
(1) The Cabinet Secretary may, with the approval of the President and by a
notice in the Gazette, establish national government service delivery co-ordination
units.

7
CAP. 127 [Rev. 2023]
National Government Co-ordination

(1A) Despite sub-section (1), all the constituencies established under Article 89
of the Constitution are hereby recognized and established as national government
service delivery units.
(2) In establishing the national government service delivery co-ordination
units, the Cabinet Secretary shall accord and respect the county government
decentralised units established under section 48 of the County Governments Act
(Cap. 265).
(3) Where a county government has not decentralised its units pursuant
to section 48(1)(e) of the County Governments Act (Cap. 265), the national
government may, where necessary, establish its own service delivery co-ordination
units for purposes of co-ordination of national government functions.
(4) For purposes of this section, the constituencies, locations and sub-locations
in existence immediately before the commencement of this Act shall continue to
exist as national government service delivery units.
(5) The national government service delivery co-ordination units established
under this section shall be headed by national government administrative officers
appointed under section 15.
[Act No. 21 of 2023, Sch.]

PART III – APPOINTMENT, ROLES AND RESPONSIBILITIES

OF NATIONAL GOVERNMENT ADMINISTRATIVE OFFICERS
15. Recruitment and appointment of the national government administrative
officers
(1) In accordance with the national government functions under the
Constitution, this Act or any other written law, the Public Service Commission shall,
in consultation with the Cabinet Secretary, recruit and appoint national government
administrative officers to coordinate national government functions and to perform
such other functions as may be assigned to them under this Act or any other law.
(2) Pursuant to subsection (1), the Public Service Commission shall appoint—
(a) a county commissioner in respect of every county;
(b) a deputy county commissioner in respect of every sub-county;
(c) an assistant county commissioner in respect of every ward;
(d) a chief in respect of every location;
(e) an assistant chief in respect of every sub-location; and
(f) any other national government administrative officer in respect of a
service delivery unit established under section 14.
16. Powers of a national government administrative officer
Subject to the Constitution, this Act or any other written law, a national
government administrative officer appointed under this Act shall have all the
powers necessary for the proper performance of the functions under this Act or
any other written law.
17. Functions of national government administrative officers
Subject to the Constitution, this Act or any other written law, a national
government administrative officer appointed under section 15, shall be responsible
for the co-ordination of national government functions as set out in the Constitution,

8
[Rev. 2023] CAP. 127
National Government Co-ordination

this Act and any other written law at the county level and other decentralised units
as far as may be necessary.
18. Scheme of service for administrative officers
The Cabinet Secretary shall, on the recommendation of the Public Service
Commission, prescribe a scheme of service for national government administrative
officers.
PART IV – COLLABORATION AND DISPUTE RESOLUTION
BETWEEN THE NATIONAL AND COUNTY GOVERNMENTS
ON ISSUES OF APPARENT CONCURRENT MANDATE
19. Constitution of mediation team
(1) Where a dispute arises as to the mandate or powers of any of the officers,
or roles of respective officers of the county governments and those of the national
Government, a mediation team shall be constituted to deal with the dispute.
(2) The mediation team constituted under subsection (1) shall consist of two
eminent persons appointed by the Governor and two eminent persons appointed
by the Cabinet Secretary for the time being responsible for national government
co-ordination.
(3) The mediation team shall be guided by the constitutional principles and the
respective constitutional mandates of each respective government.
(4) The mediation team shall undertake and finalize its task within a period of
fourteen days.
(5) Should the mediation team fail to resolve the dispute within the stipulated
time, the matter may be referred to the Summit under the Intergovernmental
Relations Act (Cap. 265F) for resolution.
PART V – MISCELLANEOUS PROVISIONS
20. Savings and transfer of staff
(1) Subject to this Act, a public officer who immediately before the
commencement of this Act was serving as a chief, assistant chief or an
administrative officer shall be deemed to be a national government administrative
officer appointed under this Act.
(2) Subject to this Act, a person who immediately before the commencement
of this Act was serving as an employee of the system of government known as
provincial administration shall be redeployed in the public service.
21. Transfer of assets etc.
All property, assets, rights, liabilities, obligations, agreements and other
arrangements existing at the commencement of this Act and vested in, acquired,
incurred or entered into by or on behalf of the system of administration commonly
known as the provincial administration, shall upon the commencement of this Act,
vest in the national government to the same extent as they were enforceable by or
against the system of administration commonly known as provincial administration
before the commencement of the Act.
22. Protection from personal liability
Nothing done by a public officer appointed under this Act shall, if done in good
faith for the purpose of executing the functions of the office, render such officer
personally liable for any action, claim or demand.

9
CAP. 127 [Rev. 2023]
National Government Co-ordination

23. Regulations
The Cabinet Secretary may with the approval of the President, make regulations
for the better carrying into effect of the purposes of this Act.

24.
[Spent]

25.
[Spent]

10