GAZETTE NOTICE NO. 4370

the following principles — (a) timely, efficient and accurate valuation and transfer of assets; (b) accountability, transparency and participatory approach; and (c) mutual co-operation among all Government entities and institutions. The National Steering Committee on the Valuation and Transfer of Assets. 4. (1) There is established the National Steering Committee on the Valuation and Transfer of Assets, which shall comprise of — (a) the Principal Secretary in the Ministry responsible for matters relating to intergovernmental relations, who shall be the Chairperson; (h) The Principal Secretary in the Ministry responsible for matters relating to land who shall be the Co-Chairperson; (r) the Principal Secretary in the Ministry responsible fur matters relating to Finance; (d) the Principal Secretary in the Ministry responsible for matters relating to the co-ordination of the National Government; (e) the Principal Secretary in the Ministry responsible for matters relating to Health; (f) the Principal Secretary in the Ministry responsible for matters relating to Agriculture; (g) the Principal Secretary in the Ministry responsible for matters relating to Water; (h) the Principal Secretary in the Ministry responsible for matters relating to Transport: ( ) the Solicitor-General; (j) Chief Executive Officer for the Intergovernmental Relations Technical Committee (k) Chief Executive Officer for the Council of County Governors; and (1) Chief Executive Officer for the National Land Commission. (2) The National Steering Committee may, by a resolution, co-opt such persons whose knowledge, skills and expertise may be necessary for the performance of its functions. (3) The National Steering Committee may delegate any of its functions to any institution which in its opinion will assist in the discharge of the functions set out under paragraph 5. Functions of the National Steering Committee 5. The National Steering Committee shall — (a) provide policy direction on the valuation and transfer of registrable assets; (h) mobilize technical and financial resources necessary for the valuation and transfer of the assets; (c') consider and if in concurrence, adopt with or without amendments recommendations of the Intergovernmental Relations Technical Committee necessary for the valuation and transfer of assets; and (d) consider and if in concurrence approve assets valuation and transfer related requests submitted to the committee by the Intergovernmental Relations Technical Committee; and (e) consider and determine disputes relating to the valuation and transfer process that may be referred to it by the Intergovernmental Relations Technical Committee in accordance with the provisions of the Intergovernmental Relations Act, 2012. Functions of she Intergovernmental Relations Technical Committee 6. The Intergovernmental Relations Technical Committee established under the Intergovernmental Relations Act No. 2 of 2012 shall — (a) implement the directives issued by the Intergovernmental Budget and Economic Council and the National and County Government Co-ordinating Summit regarding the valuation and transfer of assets; (b) provide the necessary financial resources for valuation and transfer of assets to the National Steering Committee, the National Technical Co-ordination Committee and the National Government Officers serving in the Intergovernmental County Assets Valuation and Transfer Committee; (c) receive and approve budgets of the institutional structures established under this framework; (d) procure and avail to the institutional structures established under this framework all equipment, tools and facilitation necessary for the discharge of their respective functions; (e) determine disputes arising from the valuation and transfer process referred to it by the National Technical Co-ordination Committee; (f) receive reports of the Intergovernmental County Assets Valuation and Transfer Committees from the National Technical Coordination Committee for transmission to the National Steering Committee, Intergovernmental Budget and Economic Council, the National and County Government Co- ordinating Summit and the National Treasury; (g) jointly with the National Technical Coordination Committee, implement the monitoring and evaluation tool of the valuation and transfer of assets framework formulated under paragraph 8(f); (h) receive and consider information and public concerns on the conduct of valuation and transfer of assets; and (0 perform any other function assigned by the National' Steering Committee, Intergovernmental Budget and Economic Council and the National and County Government Co-ordinating Summit necessary for the achievement of the objects of this framework. The National Technical Co-ordination Committee 7. There is established the National Technical Co-ordination Committee on the Valuation and Transfer of Assets, which shall comprise of — (a) six representatives of the State Department for Devolution, one of whom shall be the Chairperson; (b) six representatives of the Intergovernmental Relations Technical Committee one of whom shall be the Co— Chairperson; (c) two representatives of the Ministry of Lands; (d) one representative of the National Land Commission; (e) a representative of the National Treasury; (t) a representative of the Ministry of Transport; (g) a representative of the Ministry of Health; (h) a representative of the Ministry of Agriculture; (i) two representatives of the Office of the Attorney General; and (j) one representative of the Council of Governors. (2) The National Technical Co-ordination Committee may, by a resolution, co-opt such persons whose knowledge and skills are necessary for the performance of its functions. (3) The National Technical Co-ordination Committee may constitute such number of sub-committees as may be necessary to expedite the valuation and transfer of the registrable assets under this Framework. (4) A subcommittee constituted under paragraph (3) shall — (a) determine its leadership and procedure for the conduct of its business; and (b) report to the National Technical Co-ordination Committee. Functions of the National Technical Co-ordination Committee 8. The National Technical Co-ordination Committee shall— (a) develop a work-plan for the valuation and transfer process; (b) prepare and submit to the Intergovernmental Relations Technical Committee budgets for structures established under this framework; (c) implement the policy and legal framework relating to the valuation and transfer of registrable assets and make recommendations; (d) undertake capacity analysis of existing valuers against the scope of work for each individual County; (e) train and support Intergovernmental County Assets Valuation and Transfer Committees; (f) formulate and implement a framework for periodic monitoring and evaluation; (g) co-ordinate the valuation and transfer of registrable assets; (h) receive, verify and collate reports from respective County Committees and submit them to the Intergovernmental Relations Technical Committee; (i) refer disputes relating or incidental to the valuation and transfer of registrable assets to the Intergovernmental Relations Technical Committee; and 0) perform any other function as may bt- assigned to it by the Intergovernmental Relations Technical Committee and the National Steering Committee. Secretariat 9. (1) The Intergovernmental Relations Technical Committee and the State Department for Devolution shall jointly provide secretariat services to the National Steering Committee and the National Technical Co-ordination Committee. (2) The Intergovernmental Relations Technical Committee shall designate one of its representatives to be the head of the Secretariat. The Intergovernmental County Assets Valuation and Transfer Committee 10. (1) There is established for each County Government an Intergovernmental County Assets Valuation and Transfer Committee on the valuation and transfer of assets comprising — (a) the County Secretary, who shall be the Chairperson; (b) the County Commissioner, who shall be the Co-Chairperson; (c) the Chief Officer responsible for matters relating to Finance; (d) the County Attorney; (e) the Chief Officer responsible for matters relating to Lands; (f) the Chief Officer responsible for matters relating to Public Works; (g) the County Chief Valuer; (h) the County Surveyor; (i) the registrar of the Ministry of Lands and Physical Planning designated in the respective county; (j) the County Co-Ordinator of the National Land Commission; (k) five valuers representing the Principal Secretary responsible for matters relating to Lands; and (I) a representative of the Chief Mechanical and Transport Engineer from the National Government. (2) The Intergovernmental County Assets Valuation and Transfer Committee established under paragraph 10 (1) may, by a resolution, co-opt such persons from the relevant County Government whose knowledge and skills are necessary for the performance of its mandate. (3) The Intergovernmental County Assets Valuation and Transfer Committee may establish such number of subcommittees as may be necessary to assist in the performance of its functions. (4) The sub-committees constituted under subparagraph (3) shall — (a) consist of technical officers from within the County with skills and competencies necessary to undertake the functions of the intergovernmental county committee; (h) be answerable to the Intergovernmental County Assets Valuation and Transfer Committee; and (c) be funded by the respective County Government. Functions of the Intergovernmental County Committee II. (I) The Intergovernmental County Committee shall — (a) co-ordinate the valuation of all registrable assets; (h) make periodic reports to the National Technical Co-ordination Committee; (c) co-ordinate, supervise and offer technical support to its sub committees established under paragraph 10 (3); and (d) prepare and submit to the National Technical Co-ordination Committee — (i) the final valuation report of registrable assets duly signed by the Chief Government Valuer and which shall include a Schedule of all valued assets; and (ii) transfer instruments of the registrable assets dully executed by the authorized officer on behalf of the transferee county. (2) The County Secretary shall submit the inventory of assets referred to in paragraph (1) (a) to the Intergovernmental County Assets Valuation and Transfer Committee before commencement of valuation and transfer. Powers of Committees 12. The Committees established under this Framework shall have the power to — (a) request for any information or certified copies of documents from any person including the National or County Government ministry, department, agency or entity including documents relating to the existing inventory of assets; (b) require the attendance of any person before the Committees; (c) utilize or adopt portions or all previous records or reports of other institutions including the inventories of assets prepared by the Intergovernmental Relations Technical Committee or any other institution; and (d) develop rules of procedure and work plans to enable them to effectively perform their functions. Role of County Governors 13. A County Governor shall provide leadership, stewardship, financial and administrative support and oversight to the Intergovernmental County Assets Valuation and Transfer Committee for purposes of the effective performance of their functions. 10th September, 2021 THE KENYA GAZETTE 4367 Responsibility of the Cabinet Secretary 14. The Cabinet Secretary shall — (a) provide policy and administrative support to all the Committees established under this Framework; and (b) submit periodic reports to the Intergovernmental Budget and Economic Council and National and County Governments Co- ordinating Summit on the progress of the valuation and transfer of registrable assets. Responsibility of the Cabinet Secretary responsible for matters relating to Lands 15. (1) The Cabinet Secretary responsible for matters relating to lands shall— (a) provide adequate technical officers and equipment for each County as may be necessary to conduct the valuation exercise; (b) upon approval of the transfer of the assets by Intergovernmental Budget and Economic Council and execution of all land transfer instruments, issue land ownership documents to the transferee County Government and the National Government where applicable; and (c) issue land allocation or allotment letters in respect of all unalienated land in the respective County Governments. Responsibilities of the Ministry responsible for matters relating to registration of motor vehicles, plant, equipment and machinery 16. The Cabinet Secretary responsible for matters relating to registration of motor vehicles, plant, equipment and machinery shall— (a) provide technical officers and equipment for each County as may be necessary to carry out inspection, valuation and transfer of motor vehicles, plant, equipment and machinery; (b) issue ownership documents in respect of motor vehicles, plant and equipment to the transferee County Governments and the National Government where applicable. Duty to Co-operate 17. In respect of the application of this framework, the two levels of government shall co-operate and support the Committees constituted in this Notice to ensure effective discharge of their respective mandate. Valuation and Approval for the Transfer of Assets 18. ( I ) The procedure, quality and standard of valuation of the assets under this framework shall be in accordance with the applicable laws and professional standards prescribed by the Valuers Registration Board. (2) Upon valuation of registrable assets under this Framework, each Intergovernmental County Committee shall prepare a valuation report on the assets and transfer documents for submission to the National Technical Co-ordination Committee. (3) The National Technical Co-ordination Committee shall collate, verify and certify that the county assets valuation reports conform to the prescribed professional standards before submission to the Intergovernmental Relations Technical Committee. (4) The Intergovernmental Relations Technical Committee shall within thirty days submit the reports prepared under paragraph (3) to the National Steering Committee for consideration and adoption. (5) The National Steering Committee shall, within thirty days of receiving the reports under subparagraph (4), submit them to the Intergovernmental Budget and Economic Council for consideration, adoption and approval for the transfer of the listed assets to the transferee County Governments and the National Government where applicable. (6) Upon adoption of valuation and transfer reports by Intergovernmental Budget and Economic Council, the Intergovernmental Relations Technical Committee in consultation with each County Government shall transmit their respective transfer instruments to the National Government Agency responsible for implementing the transfer of the listed assets. (7) The National Government Agency to which the request for transfer has been lodged shall issue new ownership documents in favor of the transferee County Government in accordance with the applicable law. Role of the County Treasury 19. On the expiry of the life of the structures established in this framework before completion of the transfer process, every County Department responsible for assets management shall, in consultation with the Intergovernmental Relations Technical Committee and the relevant National government agency anticipated under paragraph 19(2), ensure all assets in the approved schedule are duly transferred to the County Government Financing 20. (I) All operational expenses of the National Steering Committee and the National Technical Co-ordination Committee shall be paid out of the voted funds of the Intergovernmental Relations Technical Committee. (2) Daily Subsistence Allowances for the National Government officers serving in the Intergovernmental County committees shall be paid out of the voted funds of the Intergovernmental Relations Technical Committee. (3) Each County Government shall meet the operational expenses of its Intergovernmental County Committee and its subcommittees, except for Daily Subsistence Allowances for the National Government officers which shall be paid in accordance with paragraph (2). Delegation 21. (1) A person serving as a substantive member of any of the committees established under this framework shall not delegate his membership to any other person except under exceptional circumstances. (2) A person appointed under the powers of delegation by the substantive member shall be the next senior most officer in rank and shall have the power and authority to make binding decisions on behalf of the substantive member. Duration 22. (1) The duration of this Framework shall be for a period of six months from the date of its publication in the Kenya Gazette. (2) Without prejudice to the generality of paragraph (1), the Cabinet Secretary may, before the expiry of the period specified under paragraph (1), extend the duration of this Framework for a period not exceeding four months. Dated the 31st August, 2021. EUGENE L. WAMALWA, Cabinet Secretary for Devolution and Arid and Semi-Arid Lands.