The document summarizes the process of assigning responsibilities to agencies in Kenya's public sector. It discusses how the original colonial structure was maintained after independence but new impetus was brought by Kenya's 2010 constitution. The main objectives of assigning responsibilities are to efficiently carry out government mandates and achieve goals like economic growth. Factors influencing assignments include laws, policies, and political considerations. Responsibilities are determined by the constitution, acts of parliament, and cabinet requests, and assignments are done through presidential circulars and other directives. Challenges include reorganizing after constitutional reforms, unclear oversight of state corporations, restructuring delays, and overlapping functions.

1. Strathmore Business School
Assigning Responsibilities to Agencies – Case of
Kenyan Public Sector
Tuesday, August 11, 2015

2. Background
The original Structure was inherited from
the Colonial Government in 1963;
In post colonial period, a systematic way of
assigning responsibility has been applied
as the norm;
The process has largely remained the same
until the Constitution of Kenya 2010 brought
in some new impetus;
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3. Objectives
The main purpose of Assigning responsibilities is
to allow the government to efficiently and
effectively carry out its mandate and achieve its
goals.
Specific objectives include:
 Enhance economic growth, socio-economic
development, and quality of life for all Kenyans;
 Provide Public goods and services;
 Implement public policy;
 Build capacity for increased goods and services
for Kenyans;
 Increase efficiency and effectiveness in the
provision of goods and services;
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4. Objectives Contd.
 Safeguard the interests of Kenya as a Country
for the interest of it’s citizenry(Social Value);
and,
 Implement strategic Interests of the Country.
 Facilitate, regulate/control and ensure active
participation of the private sector, civil society
and citizens in the development process;
 Administer and provide requisite direction in
desired social and political direction, and
security;
 Provide regular, timely and reliable reporting on
the effectiveness of government programmes
and projects.
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5. Factors Influencing the Assignment of
Responsibility
 Structure/Institutions inherited at
independence;
 First Constitution of Kenya(1963);
 Constitution of Kenya 2010;
 Development Blueprints, such as Development
Plans;
 Specific Policy Considerations;
 Acts of Parliament;
 Sessional Papers;
 Treaties and Agreements the Country is Signatory
to;
 International developments and influences; and,
 Political considerations.
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6. Determination of Assignment and Creation
of Agencies:
Currently the legal framework which determines
assignment of responsibility is as follows:
1. Constitution of Kenya: Defines the structure,
composition and functions of:
a) The three Arms of Government – the executive,
Judiciary and Parliament;
b) the National and Devolved Government
system;
c) independent Commissions;
4. Acts of Parliament: The respective Acts of
Parliament gives the Authority to create specific
institutions;
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7. Determination of Assignment and Creation
of Agencies…contn
5. The State Corporations Act allows for the
creation of Parastatals;
6. Cabinet and Ministry Requests: Allows for
creation of government Departments, SAGAs
and Agencies, based on Policy implementation
needs or to meet certain obligations
(local/regional or International). Sessional
Papers, Development plans and Specific Policy
imperatives determine such requests.
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8. How is Assignment Done?
1. Presidential Circular or the Executive Orders(2013)
creates and assigns responsibility of Government
Ministries and Major departments and Office holders;
2. State Corporations’ roles and responsibilities are
clearly defined, as per enabling Act or Executive order and
assigned to Ministries. Management and operations are
left to their Boards and their executive;
3. SAGAs are also assigned to Ministries;
4. In case of Ministries, new departments or staffing is
approved by the directorate of Personnel Management or
Public Service Management and Public Service
Commission;
5. Independent Offices are established according to the
Constitution of Kenya (Chapter 15), with Parliamentary
approval being part of the process.
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9. How is Assignment Done?....contd
6. The National security organs roles and
responsibility are as assigned in the
Constitution of Kenya Chapter 14;
7. In the case of Counties, responsibilities and
roles are as assigned by the Constitution,
Schedule 4, and as refined in the Five(5) Acts of
Parliament passed to operationize their
functions.
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10. Challenges
 Challenges in re-organisation of Govt
following the passing of COK 2010;
 In the Case of State Corporations,
appointment of Boards and Executives,
and non-clarity in oversight roles by the
Executive;
 Within Government slow process of
restructuring following collapse of
Ministries and Major Departments;
 Overlap/duplication of functions;.
Budgetary constraints
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11. End of Presentation
______________________
Thank you for your Attention
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