Ever resourceful Wazuarians how exactly will this New Constitutional dispensation unfold. Anyone please feel free to answer these questions. Please excuse me if some questions sound stupid or too basic, I am trying to get as detailed a picture as I can. You can explain any one part of the Constitution that you thoroughly understand and when more people explain another and another we will all be the wiser.

When does the new Constitution take effect? In 14 days when it is enacted into law. however, not everything will be in place to make it operational - eg the counties etc. some of these will take effect from the next general election. some of the clauses will not take effect until the appropriate legislation is passed by parliament

Are we going to have Parliamentary, Presidential and County elections in 2012?Yes. from what i understand

When does Provincial Administration come to an end? I should think the next general election because the current system has to have smooth transition

What happens to Provincial administration after the creation and full functioning of counties? Do the DCs, DOs and Chiefs get reassigned to other County jobs or do they keep the same but now only report to the governor?They would need to be reassigned. They could also vie for the governor seat after resignation if they are popular.

Will Counties have their own assemblies / mini parliaments?I bet so. it is the only way to conduct business. However, the big brother gets to monitor what they are doing

What happens to Local Governments (Municipal and Town Councils)? Will they continue to exist alongside counties or will they be absorbed into one? absorbed and operating under the counties otherwise wont we be having several points of power? and duplicated responsibilities? At the same time what happens to councilors ? Will we continue to have them?

What exactly in the new constitution will get devolved? Will the police be regional or national? Will doctors be hired by the Ministry of health and posted to Conties or will they be hired at county level? Will teachers be hired by TSC or will there be a TSC for every county?

Who will collect taxes? Will KRA collect all taxes just as it does and then distribute the same to the counties or will there be mini KRAs for each county? My understanding is that we all pay taxes to KRA and the amount is distributed to counties. Where will the income of some major contributors go? For example: When Mumias sugar pays taxes how much of it will belong to Mumias (or whatever county it is in) County? How much of EABLs taxes go to National and County Governments? What about the port of Mombasa? How much of its revenue belongs to the county?mmmmh, not sure of this but this is where the problem would be. What would happen to North Eastern areas where there is little if any economic activities? May create a problem of having some areas over-populated if the developments are higher than other areas and fight for resources.

How attractive will County politics be? Very attractive because the governor controls a very large area and a bigger budget. Are we likely to see politicians retreating from National politics to play County politics? There wont be alot of 'our time to eat' because of the close monitoring but its still good for business especially at county level Will it be more lucrative to be a governor or MP?Governor

My understanding of CDF is this (Someone please correct me if I am wrong). Money is allocated from the National kitty to the constituency. The MP organises a committee that decides on how to spend the money in the constituency. In the new Constitution the percentage is greater for Counties (15%) but instead of going to Constituencies the money will go to Counties. Is this correct? basically yes So will it be the end of CDFs or will we continue to have CDF alongside Counties?Wouldnt make sense in my opinion.

Will KWS continue to exist? yes What happens to regional tourist attractions; Will Lake Nakuru National park belong to KWS or Nakuru County?KWS. Just like we wont have regional NSSF and regional NHIF. The parastatals that affect every kenyan will be maintained by national govt.

Ever resourceful Wazuarians how exactly will this New Constitutional dispensation unfold. Anyone please feel free to answer these questions. Please excuse me if some questions sound stupid or too basic, I am trying to get as detailed a picture as I can. You can explain any one part of the Constitution that you thoroughly understand and when more people explain another and another we will all be the wiser.

When does the new Constitution take effect?

Upon promulgation by the President - 14 days from the gazettement of official results, unless there is court challenge, in which case maximum of 28 days.

Are we going to have Parliamentary, Presidential and County elections in 2012?

Yes

When does Provincial Administration come to an end?

Within 5 of the promulgation of the new Constitution it should have been integrated into the devolved system of governance.

What happens to Provincial administration after the creation and full functioning of counties? Do the DCs, DOs and Chiefs get reassigned to other County jobs or do they keep the same but now only report to the governor?

See above

Will Counties have their own assemblies / mini parliaments?

Yes - the executive committees of the Counties.

What happens to Local Governments (Municipal and Town Councils)? Will they continue to exist alongside counties or will they be absorbed into one? At the same time what happens to councilors? Will we continue to have them?

New Constitution not clear on this.

What exactly in the new constitution will get devolved? Will the police be regional or national? Will doctors be hired by the Ministry of health and posted to Conties or will they be hired at county level? Will teachers be hired by TSC or will there be a TSC for every county?


This will need to be addressed in the legislation to be enacted governing Counties.

Who will collect taxes? Will KRA collect all taxes just as it does and then distribute the same to the counties or will there be mini KRAs for each county? Where will the income of some major contributors go? For example: When Mumias sugar pays taxes how much of it will belong to Mumias (or whatever county it is in) County? How much of EABLs taxes go to National and County Governments? What about the port of Mombasa? How much of its revenue belongs to the county?

See Article 209
209. (1) Only the national government may impose —
(a) income tax;
(b) value-added tax;
(c) customs duties and other duties on import and export
goods; and
(d) excise tax.
135
(2) An Act of Parliament may authorise the national government
to impose any other tax or duty, except a tax specified in
clause (3) (a) or (b).
(3) A county may impose—
(a) property rates;
(b) entertainment taxes; and
(c) any other tax that it is authorised to impose by an Act of
Parliament.
(4) The national and county governments may impose charges for
services.
(5) The taxation and other revenue-raising powers of a county
shall not be exercised in a way that prejudices national
economic policies, economic activities across county
boundaries or the national mobility of goods, services, capital
or labour.

How attractive will County politics be? Are we likely to see politicians retreating from National politics to play County politics? Will it be more lucrative to be a governor or MP?


A lot will depend on the legislation to be enacted as regards the functioning of Counties.

My understanding of CDF is this (Someone please correct me if I am wrong). Money is allocated from the National kitty to the constituency. The MP organises a committee that decides on how to spend the money in the constituency. In the new Constitution the percentage is greater for Counties (15%) but instead of going to Constituencies the money will go to Counties. Is this correct? So will it be the end of CDFs or will we continue to have CDF alongside Counties?

CDF stays unless the CDF Act is repealed which would be the prudent thing to do.

Will KWS continue to exist? What happens to regional tourist attractions; Will Lake Nakuru National park belong to KWS or Nakuru County?

when are the next elections?