GAZETTE NOTICE NO. 4404

IN EXERCISE of the powers conferred by the Fourth Schedule part 2 (a) of the Constitution and section 30 (2) (l) and 31 (d) of the County Governments Act, the Governor, Turkana County appoint a standing committee to spearhead the development of private public partnership arrangements for development, financing, operation, equipping and maintenance of Turkana County Government Level 6 Hospital in accordance with the Public Private Partnerships Act and the Public Finance Management Act of the laws of Kenya. The Standing Committee Members shall consist of : Robin Ekorot Lokoyan – Chairperson County Executive Committee Member for Lands – Vice- Chairperson County Executive Committee Member for Health and Sanitation – Member County Executive Committee Member for Finance and Planning – Member County Attorney – Member Chief officer medical services – Member Chief officer preventive services – Member Chief officer public works – Member Director procurement – Member Dr. Epem Joseph Esekon – Secretary Secretariat to the Standing Committee: Nancy Kinyonge Phoebe Akai Eturote Jane Ebenyo Ekalale Lokuruka Samson Terms of Reference for the Standing Committee on Level 6 Hospital The terms of reference of the Standing Committee on the development, financing, operation, equipping and maintenance of level 6 hospital are as follows: (a) The committee will assist the county government in conceptualizing the project for the development of the level 6 hospital and undertaking the preparatory and tendering processes of the project. (b) In conceptualizing and developing the project, the committee shall advise on the strategic and operational benefits of the private public partnership arrangement compared to the development of the facility by the county government alone. (c) To advise and guide the County Government of Turkana on the legal and regulatory frameworks that will unlock the opportunities and possibilities for participation of the private sector in the financing, construction, development, operation or maintenance of Turkana County Level 6 Hospital as a flagship project for the Government. (d) Guide the county in seeking for approvals of the level 6 referral hospital as a PPP flagship project from the National PPP Committee and from the Cabinet Secretary of the National Treasury especially if the Level 6 Hospital will require national government financing support or exceeds the capacity of the County Government to implement. (e) Ensure the level 6 hospital obtains approval of the County Assembly of Turkana as a Public Private Partnership project and ensure the same is published in the list of PPP projects to be published by the Directorate responsible for PPP under the PPPA. (f) Advise and guide the County Government of Turkana on methods for which the county government may procure public private partnership projects within the Laws of Kenya. (g) Review and provide input into project agreement for level 6 hospital which the county government and a qualified private party / contractor may enter into for financing, construction, operation , equipping or maintenance of the Hospital (h) Ensure the County Government of Turkana enters into legal and binding public private partnership agreements with private sector entities and those agreements are guided by the relevant laws of Kenya. (i) The committee will be responsible for the administration of the overall project development cycle and shall liaise with the relevant National Government entities in overseeing the structuring and implementation of the project in phases i.e. feasibility studies, preparing project for procurement, tendering, and negotiating project agreements for the hospital. (j) The committee shall commission detailed feasibility studies of the level 6 hospital in accordance with section 32 of the Public Private Partnerships Act and to submit the feasibility studies report to the Directorate responsible for private public partnerships projects. (k) To explore ways and means of obtaining donations and grants for purposes of funding the establishment of the hospital and related projects. (l) Where there are possibilities of receiving donations or grants from development partners and private philanthropies for purposes of the establishment of the hospital and related projects, the task force will advise on compliance with the provisions of Article 224 of the Constitution and Sections 138 of PFMA and to ensure proper authorizations of those funds. (m) Consider and advise the County Executive Committee on the possibilities, the terms and conditions under which the Turkana County Government may raise loans for purposes of the establishment, constructions and operations of level 6 hospital within the requirements of Art. 212 and sections 140 – 144 of the Public Finance Management Act, 2012. (n) Advise the county government of Turkana on the process of securing any loan guarantee that maybe required through the cabinet secretary in charge of the National Treasury in accordance with Section 58 of the Public Finance Management Act, 2012. (o) For the purposes of raising any loans for financing the hospital and related projects, the committee may request the county government through the CECM for finance to procure the services of advisors, agents and underwriters and to enter into agreements with such advisors, agents and underwriters as to the role to be undertaken by them and the remuneration to be paid to them. (p) To advise the county executive for finance on the possibility and procedure for establishment of a county sinking fund for the purposes of redemption of loans raised to finance the level 6 hospital and its related projects. (q) In case of borrowing to finance level 6 hospital and its associated projects, the committee will advise and make recommendations to the county government on the terms and conditions and procedures for issuance of securities for monies borrowed etc. (r) The taskforce my coopt any person whose knowledge may assist them in carrying out their function (s) Engage the relevant stakeholders on possible funding mechanism for the establishment of level six hospital. (t) Asses the current status of the county referral hospital to identify gaps to be addressed by level 6. (u) Review current human resource, infrastructural and general health systems capacity and assess gaps for the attainment of level six. In the performance of its functions, the Standing Committee— (a) shall hold such number of meetings at such places and such times and review all documents that are required as the Committee may consider necessary for the proper discharge of its mandate; (b) shall have access to documents, facilities and equipment relevant to its mandate; (c) shall, as it considers appropriate, carry out or cause to be carried out such studies or research as may inform the committee on its mandate; (d) through the CECM for finance, may procure and engage the services of advisors and consultants to assist in the performance of their functions and mandate; (e) subject to the foregoing, the committee shall have all independence necessary for carrying out its function or expedient for the proper execution of its mandate; (f) deliberations of the Committee shall remain confidential and members shall execute a Confidentiality Agreement; 1572 1572 (g) the Committee may co-opt any person whose knowledge, skills or competencies may be necessary to facilitate its work. The Secretariat to the Standing Committee The Secretariat of the Standing Committee shall be based at the Ministry of Health and Sanitation or any such place designated by the committee and shall be responsible to the Committee for— (a) providing appropriate background briefing to the Committee; (b) preparing the committee reports and disseminating any information deemed relevant to the committee; (c) co-ordinating the provision of all documents required to facilitate the work. (d) Providing logistical support including vehicles and meeting venues. Tenure/Duration The Standing Committee is established for the duration necessary for the conceptualization, preparation, procurement, tendering and implementation of the Level 6 Hospital Project until its completion and commissioning. However, the initial preparatory phase shall be for 3 months starting from 3rd April, 2023. The tenure of the Committee will be arranged in phases of 3 months each and based on tangible targets and outcomes. The Committee shall regulate the manner in which it conducts its business from time to time and shall report progress to the Governor and the County Executive Committee. Remuneration The remuneration of members of the Taskforce, Secretariat and support staff shall be as the applicable Salaries and Remuneration Commission's guidelines contained in the relevant Circulars. The numbers of days for which any allowances and reimbursements are payable will be determines by the Chairperson of the Committee in consultation with the County Executive Committee Member for Finance and Planning. Dated the 4th April, 2023. JEREMIAH EKAMAIS LOMORUKAI NAPOTIKAN, MR/5161952 Governor, Turkana County.